Damene W. Woldeab v. DeKalb County Board of Education
Damene W. Woldeab v. DeKalb County Board of Education
Opinion
Damene Woldeab, an Ethiopian male, appeals the district court's grant of the DeKalb County Board of Education's (Board) motion to dismiss his action alleging national origin discrimination, retaliation, and harassment in violation of Title VII. In his counseled appellate brief, Woldeab argues that the district court erred by dismissing his pro se complaint with prejudice. He contends that his failure to name the DeKalb County School District (School District) as the defendant rather than the Board was a curable defect, 1 and that the district court should have given him an opportunity to amend his complaint to name the proper defendant. The Board responds that the district court was not required to give Woldeab an opportunity to amend his complaint sua sponte because Woldeab disagreed that the complaint should be amended, and it further argues that any amendment would be futile. After review, and with the benefit of oral argument, we vacate the dismissal and remand with instructions to give Woldeab an opportunity to file an amended complaint.
I.
A magistrate judge recommended the Board's motion to dismiss be granted because the Board is not a legal entity capable of being sued.
See
Cook v. Colquitt Cty. Bd. of Educ.,
The district court agreed with the magistrate judge's determination that a county board of education in Georgia cannot be sued, and therefore the Board could not be sued. While the district court stated it "adopts the report and recommendation as the opinion and order of this court," it went on to clarify which of the grounds considered by the magistrate judge it was endorsing, stating "[b]ecause the magistrate judge properly ruled that the DeKalb County Board of Education is not an entity capable of being sued, the court will not address the plaintiffs remaining objections. The remaining objections are DISMISSED as MOOT." Woldeab appealed, pro se, to this Court. Counsel was appointed when this case was set for oral argument and counsel filed a replacement brief.
II.
We review a district court's decision to deny leave to amend for abuse of discretion.
Santiago v. Wood,
Here, the district court abused its discretion in dismissing Woldeab's case with prejudice because he never "clearly indicated" he did not want to amend, and because a more carefully crafted complaint might be able to state a claim. The Board argues Woldeab indicated his unwillingness to amend his complaint by failing to respond to the motion to dismiss and by failing to amend after the R&R. However, Woldeab was not required to accept the Board's argument in its motion to dismiss as true.
See
Santiago,
Further, the deficiencies in Woldeab's complaint might be curable. Neither the magistrate judge nor the district court held that repleading the factual allegations behind the June 2014 Title VII claims would be futile. While the magistrate
judge did find that amending to include the proper defendant would not save the complaint, this says nothing of whether Woldeab might be able to make out a plausible claim if given the opportunity to replead the factual allegations. And we have held that where "[m]ore specific allegations ... would have remedied the pleading problems found by the district court," the court was required to give a pro se plaintiff the opportunity to amend his complaint.
Thomas
,
The district court should have advised Woldeab, proceeding pro se, of his complaint's deficiency and given him the opportunity to amend to name the proper defendant before the court dismissed with prejudice. Accordingly, we VACATE the dismissal of Woldeab's complaint and REMAND with instructions to give Woldeab an opportunity to file an amended complaint.
VACATED and REMANDED .
In his counseled brief, Woldeab does not argue that the Board is a proper defendant.
We note Woldeab concedes any allegations based on adverse employment actions that may have occurred prior to January 1, 2014, and were not timely filed in the district court. [Gray Brief at 12]. However, because a discrimination claim based on his June 25, 2014 termination has been properly exhausted, administrative exhaustion cannot provide the basis for futility regarding that claim.
Reference
- Full Case Name
- Damene W. WOLDEAB, Plaintiff-Appellant, v. DEKALB COUNTY BOARD OF EDUCATION, Defendant-Appellee.
- Cited By
- 216 cases
- Status
- Published