Theresa Schmitz v. Wake County Board of Education, et al.

Summary

The United States District Court for the Eastern District of North Carolina granted defendants’ motion to dismiss claims brought by Theresa Schmitz against the Wake County Board of Education and individual school-system employees. The court held that the complaint failed to plausibly allege Monell liability, First Amendment retaliation, ADA or Rehabilitation Act failure-to-accommodate, or ADA and Rehabilitation Act retaliation claims. The court dismissed the claims with prejudice, denied the motion for a preliminary injunction, and directed the clerk to close the case.

Holdings

1. The complaint failed to plausibly allege that a policy, custom, deliberate-indifference failure, or ratification by the Wake County Board of Education caused a constitutional violation; the Monell claim was therefore dismissed.
2. The official-capacity First Amendment retaliation claims were duplicative of the claim against the Board of Education and failed because the complaint did not plausibly identify a Board policy, custom, or practice causing the alleged injury.
3. The complaint failed to plausibly allege a causal relationship between Schmitz's protected expression and the defendants' allegedly adverse actions; the individual-capacity First Amendment retaliation claim was dismissed.
4. The individual defendants were entitled to qualified immunity because the complaint failed to plausibly allege a constitutional violation.
5. The complaint failed to plausibly allege failure to accommodate under the ADA or Section 504 because it did not allege that Schmitz had a qualifying disability at the relevant time or that her requested leave was a reasonable accommodation.
6. The complaint failed to plausibly allege ADA or Section 504 retaliation because it did not adequately allege a materially adverse action or a causal connection between protected activity and the challenged actions.
7. The motion for preliminary injunction was denied because Schmitz could not show a likelihood of success on the merits after dismissal of all claims.

Questions Presented

1. Whether the complaint plausibly alleged municipal liability against the Wake County Board of Education under Monell.
2. Whether the complaint plausibly alleged First Amendment retaliation against the individual defendants in their official or individual capacities.
3. Whether the individual defendants were entitled to qualified immunity on the First Amendment retaliation claim.
4. Whether the complaint plausibly alleged an ADA or Rehabilitation Act failure-to-accommodate claim.
5. Whether the complaint plausibly alleged ADA or Rehabilitation Act retaliation.
6. Whether Schmitz was entitled to a preliminary injunction.

Disposition

dismissed