Summary
A Magistrate Judge’s Report and Recommendation recommends granting the East Baton Rouge Parish School Board’s motion to dismiss claims under Title IX and Title VII and claims asserted by Dameka Cage on behalf of her adult son. The recommendation allows Plaintiff an opportunity to amend, requires redaction of personal identifying information, and warns that failure to amend timely may result in dismissal with prejudice.
Holdings
- The complaint failed to state a plausible Title IX retaliation claim because it did not sufficiently allege protected activity, an adverse employment action, or a causal connection between the two.
- The complaint failed to state a plausible Title VII discrimination claim because it did not allege the required elements and did not show exhaustion of administrative remedies.
- Dameka Cage could not recover damages for injuries allegedly suffered by Dillon Cage, an adult who was not a party to the action.
- Plaintiff should be given leave to file an amended complaint to attempt to cure the identified deficiencies.
- Plaintiff was ordered to redact impermissible personal identifying information from the complaint and file a motion to substitute a redacted version.
Questions Presented
- Whether the complaint stated a plausible claim for retaliation under Title IX.
- Whether the complaint stated a plausible claim under Title VII and whether the alleged Title VII claims were barred by failure to exhaust administrative remedies.
- Whether Dameka Cage could assert claims or recover damages on behalf of her adult son, Dillon Cage, who was not a named party.
- Whether Plaintiff should be granted leave to amend.
- Whether Plaintiff should be required to redact personal identifying information under Federal Rule of Civil Procedure 5.2(a).
Disposition
other
Cases Cited (35)
- Shiell v. Jones, No. 19-848, 2020 WL 2331637, at *10 (E.D. La. May 11, 2020)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(followed)
- Gentilello v. Rege, 627 F.3d 540, 544 (5th Cir. 2010)(followed)
- Gines v. D.R. Horton, Inc., 699 F.3d 812, 816 (5th Cir. 2012)(followed)
- In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007)(followed)
- Cutrer v. McMillan, 308 F. App’x 819, 820 (5th Cir. 2009)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 557 (2007)(followed)
- Haines v. Kerner, 404 U.S. 519, 520 (1972)(followed)
- S.E.C. v. AMX, Int’l, Inc., 7 F.3d 71, 75 (5th Cir. 1993)(followed)
- Johnson v. Atkins, 999 F.2d 99, 100 (5th Cir. 1993)(followed)
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Court Document
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