Opinion

Gary Sawyer v. Pasco County School Board

Court
District Court, M.D. Florida
Filed
Aug 25, 2026
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

GARY SAWYER,

Plaintiff,

v. Case No. 8:26-cv-1861-VMC-CPT

PASCO COUNTY SCHOOL BOARD,

Defendant.

/

ORDER

This matter is before the Court on consideration of

Defendant Pasco County School Board’s Motion to Partially

Dismiss Plaintiff’s Complaint (Doc. # 10), filed on July 23,

2026. Plaintiff Gary Sawyer responded on August 24, 2026.

(Doc. # 18). The Motion is granted.

I. Legal Standard

On a motion to dismiss pursuant to Federal Rule of Civil

Procedure 12(b)(6), this Court accepts as true all the

allegations in the complaint and construes them in the light

most favorable to the plaintiff. Jackson v. Bellsouth

Telecomms., 372 F.3d 1250, 1262 (11th Cir. 2004). Further,

the Court favors the plaintiff with all reasonable inferences

from the allegations in the complaint. Stephens v. Dep’t of

Health & Human Servs., 901 F.2d 1571, 1573 (11th Cir. 1990).

But,

[w]hile a complaint attacked by a Rule 12(b)(6)

motion to dismiss does not need detailed factual

allegations, a plaintiff’s obligation to provide

the grounds of his entitlement to relief requires

more than labels and conclusions, and a formulaic

recitation of the elements of a cause of action

will not do. Factual allegations must be enough to

raise a right to relief above the speculative

level.

Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal

citations omitted). Courts are not “bound to accept as true

a legal conclusion couched as a factual allegation.” Papasan

v. Allain, 478 U.S. 265, 286 (1986). The Court must limit its

consideration to well-pleaded factual allegations, documents

central to or referenced in the complaint, and matters

judicially noticed. La Grasta v. First Union Sec., Inc., 358

F.3d 840, 845 (11th Cir. 2004), abrogated on other grounds by

Twombly, 550 U.S. 544.

II. Discussion

Mr. Sawyer asserts six claims against his former

employer, the Pasco County School Board: age discrimination

in violation of the Age Discrimination in Employment Act

(ADEA) (Counts I-II), sex discrimination in violation of

Title VII of the Civil Rights Act of 1964 (Title VII) (Counts

III-IV), retaliation in violation of Title VII (Count V), and

retaliation in violation of the ADEA (Count VI). (Doc. # 1).

The complaint alleges that all “conditions precedent to the

institution of this action have been fulfilled, including the

timely filing of a charge of discrimination with the Equal

Employment Opportunity Commission and the Florida Commission

on Human Relations.” (Id. at 2).

But the School Board insists that Mr. Sawyer has not

exhausted his administrative remedies for the Title VII

claims. (Doc. # 10). According to the School Board, Mr. Sawyer

“failed to allege that either the EEOC or FCHR ever issued

him a [notice of right to sue]” and, in fact, “the EEOC has

not issued a notice of right to sue and their investigation

remains open.” (Id. at 6).

“It is well settled that before bringing a Title VII

suit in federal court, an aggrieved employee must file a

charge of discrimination with the EEOC and obtain a right-

to-sue letter.” Ferrari v. E-Rate Consulting Servs., 655 F.

Supp. 2d 1194, 1201 (M.D. Ala. 2009) (emphasis added); see

Forehand v. Fla. State Hosp. at Chattahoochee, 89 F.3d 1562,

1567 (11th Cir. 1996) (“Before instituting a Title VII action

in federal district court, a private plaintiff must file an

EEOC complaint against the discriminating party and receive

statutory notice from the EEOC of his or her right to sue the

respondent named in the charge.”). “[R]eceipt of a right-to-

sue letter is not a jurisdictional prerequisite to suit, but

rather, is a statutory precondition which is subject to

equitable modification.” Forehand, 89 F.3d at 1569–70. “A

claim filed without the letter is subject to dismissal, unless

reasons exist to equitably modify the condition.” Williams v.

Fla., No. 5:00 CV 12 SPM, 2000 WL 799729, at *2 (N.D. Fla.

May 10, 2000), aff’d sub nom. Williams v. Moore, 265 F.3d

1066 (11th Cir. 2001).

Here, Mr. Sawyer admits that he has not yet received a

right-to-sue letter. (Doc. # 18 at 6, 14). And he offers no

reason to equitably modify this statutory precondition. See

Forehand, 89 F.3d at 1571 (noting that “the burden of proof

with respect to equitable modification” belongs to the

plaintiff). It is therefore appropriate to dismiss the Title

VII claims without prejudice. See Barclay v. First Nat. Bank

of Talladega, No. 1:14-cv-01573-KOB, 2014 WL 5473829, at *7

(N.D. Ala. Oct. 28, 2014) (dismissing without prejudice

“Title VII failure to promote claim” because it had “not yet

been administratively exhausted because [plaintiff] has not

received a right to sue letter for her 2011 EEOC charge”);

Moore v. Ga. Dep’t of Corr., No. 4:13-cv-228, 2014 WL 4776714,

at *3 (S.D. Ga. Sept. 15, 2014) (“Moore has neither alleged

that she has a right-to-sue letter, nor that she has yet to

receive a right-to-sue letter for Charge 93C. In

circumstances such as these, the proper course for the Court

to take is to dismiss the charges predicated on Charge 93C

without prejudice to allow time for Moore to receive a right-

to-sue letter, if she has not yet received one, or to

otherwise provide a right-to-sue letter that is not time

barred.”).

Accordingly, it is hereby

ORDERED, ADJUDGED, and DECREED:

(1) Defendant Pasco County School Board’s Motion to

Partially Dismiss Plaintiff’s Complaint (Doc. # 10) is

GRANTED.

(2) The Title VII claims (Counts III, IV, and V) are

dismissed without prejudice.

(3) Defendant is directed to file its answer to the remaining

claims within 14 days of this Order.

DONE and ORDERED in Chambers in Tampa, Florida, this

25th day of August, 2026.

tiie 9r. Munnbey CneeZB.

VIRGINIA M. HERNANDEZ’COVINGTON

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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