Opinion

R. v. Tallapoosa County Board of Education

Court
District Court, M.D. Alabama
Filed
Dec 2, 2022
Cited by
0 cases
Authority
More cited than 16.5%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

D.R., et al., )

)

Plaintiffs, )

)

v. ) CIVIL ACT. NO. 3:22CV560-ECM

) (wo)

TALLAPOOSA COUNTY BOARD OF )

EDUCATION, )

)

Defendant. )

MEMORANDUM OPINION AND ORDER

Now pending before the Court is a motion to dismiss filed by the Tallapoosa County

Board of Education. (Doc. 13).

The Plaintiffs, D.R., through Lisa Russell and Raymond Bernard Russell, and Lisa

and Raymond Bernard Russell, individually, filed a complaint in this case which contains

one count bringing a claim for negligence and one count bringing several claims for

violation of due process.

A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint against the

legal standard set forth in Rule 8: “a short and plain statement of the claim showing that

the pleader is entitled to relief.” FED. R. CIV. P. 8(a)(2). The allegations should be “simple,

concise, and direct.” FED.R.CIV.P. 8(d)(1). Each claim should be stated in separate,

numbered paragraphs, “limited as far as practicable to a single set of circumstances.”

FED.R.CIV.P.10(b). This enables the opposing party to respond adequately and

appropriately to the claims against it, and allows the court to “determine which facts

support which claims and whether the plaintiff has stated any claims upon which relief can

be granted.” Weiland v. Palm Beach Cty. Sherriff’s Office, 792 F.3d 1313, 1320 (internal

citations omitted). “To survive a motion to dismiss, a complaint must contain sufficient

factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S.

544, 570 (2007)).

In this case, count two appears to include both federal and state constitutional claims

as well as a federal statutory claim for denial of due process. The factual basis of those

separate theories is, however, difficult to discern. Additionally, at multiple points in their

brief, the Plaintiffs refer to facts and theories they would allege if given leave by the Court.

In view of the Plaintiffs’ apparent request in brief that they be allowed to amend, the Court

will give the Plaintiffs additional time in which to file an amended complaint bringing

claims against the Tallapoosa County Board of Education.1

Accordingly, it is hereby ORDERED as follows:

1. The motion to dismiss (doc. 13) is GRANTED and the complaint is DISMISSED

without prejudice.

1 The Court will allow for a repleading of the claims asserted; however, the Court notes that the Plaintiffs’

argument in brief that state sovereign immunity does not apply to claims under the Individuals with

Disabilities Education Act does not address the Defendant’s cited authorities for the proposition that this

Court lacks subject matter jurisdiction over state law claims brought against a county school board. See Ex

parte Jefferson Cty. Bd. of Educ., 348 So. 3d 397, 402 (Ala. 2021)(holding that county boards of education

are entitled to immunity).

2

2. The Plaintiff has until December 22, 2022 to file a new, amended complaint that

does not refer to their previous complaint, complies with the Federal Rules of

Civil Procedure and this Order, and states separate claims in separate numbered

counts.

DONE this 2nd day of December, 2022.

/s/ Emily C. Marks

EMILY C. MARKS

CHIEF UNITED STATES DISTRICT JUDGE

3

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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