Dunleavy v. New Jersey
Opinion of the Court
OPINION
Harry Dunleavy sued the State of New Jersey, the New Jersey Division of Civil Rights (“NJDCR”), Rene Rovtar (then Superintendent of Education for Morris County, New Jersey), Lorraine Watson (the manager of the NJDCR office in Paterson, New Jersey), Susan Paletta (a NJDCR investigator), and J. Frank Vespa-Papaleo (Director of the NJDCR).
As Dunleavy described them in his complaint, the events giving rise to his lawsuit began in 2002, when he applied for a position as a high school Mathematics teacher with the Mount Olive Board of Education (“Mount Olive”). Mount Olive allegedly passed him over for employment as a high school Mathematics teacher in favor of less-qualified younger applicants. In response, Dunleavy filed a complaint with the NJDCR. Watson dismissed the charge of discrimination. Dunleavy subsequently cited FOIA to request information from the NJDCR. The NJDCR initially ignored his requests, but then provided him with some information, which led him to believe that Rovtar had colluded with
Defendants, as a group, moved to dismiss Dunleavy’s complaint. Defendants argued that Dunleavy failed to state a federal claim and that the District Court should decline to exercise supplemental jurisdiction over the state law claims. Defendants also contended that collateral estoppel barred any claim under the Age Discrimination and Employment Act (“ADEA”), that the lack of a private right of action doomed any claim under the No Child Left Behind Act (“NCLBA”), and that the defense of qualified immunity served as alternative basis for rejecting any claims under 42 U.S.C. § 1983. Dunleavy first filed a motion for leave to amend his complaint (attaching a proposed amended complaint to his motion), and then submitted a response to Defendants’ motion. After Defendants responded to the former and replied to the latter, the District Court ruled.
The District Court liberally construed Dunleavy’s complaint as raising claims under the Civil Rights Acts of 1991 and 1964, 42 U.S.C. § 2000e; 42 U.S.C. § 1981; NCLBA, 20 U.S.C. § 6301; FOIA, 5 U.S.C. § 552; ADEA, 29 U.S.C. § 621; and 42 U.S.C. § 1983, and held that Dunleavy had failed to state a claim upon which relief can be granted. The District Court declined to exercise supplemental jurisdiction over Dunleavy’s state law claims. The District Court also denied Dunleavy’s motion for leave to amend his complaint, concluding that amendment was futile. Dunleavy appeals.
We have jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review over a dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. See Lum v. Bank of Am., 361 F.3d 217, 223 (3d Cir. 2004). We review the dismissal of the state law claims pursuant to 28 U.S.C. § 1367(c) and the decision to deny leave to amend for abuse of discretion. Cf. De Asencio v. Tyson Foods, Inc., 342 F.3d 301, 311 (3d Cir. 2003); see Grayson v. Mayview State Hosp., 293 F.3d 103, 106 (3d Cir. 2002). We agree with the District Court’s characterization of Dunleavy’s claims, and we will consider each claim in turn.
First, we agree with the District Court’s decision to dismiss Dunleavy’s claims under the “Civil Rights Acts.” The Civil Rights Act of 1991 makes unlawful a failure or refusal to hire on the basis of race, color, religion, sex, or national origin. See 42 U.S.C. § 2000e-2(a). Dunleavy did not state a claim for an unlawful failure to hire in violation of the Civil Rights Act because he did not allege discrimination on the basis of race, color, religion, sex, or national origin. He claimed discrimination on the basis of age.
Any claim Dunleavy tried to bring under 42 U.S.C. § 1981 was appropriately dismissed for similar reasons. Section 1981 provides a remedy for discrimination on the basis of race, not age. 42 U.S.C. § 1981; Al-Khazraji v. St. Francis College, 784 F.2d 505, 514-518 (3d Cir. 1986).
We also conclude that the District Court was correct in dismissing Dunleavy’s NCLBA claims because he had no private right of action under the statute. Congress must create a private right of action before an individual may bring suit to enforce federal law. See Alexander v. Sandoval, 532 U.S. 275, 286, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001). “The judicial task is to interpret the statute Congress has
The District Court also properly dismissed Dunleavy’s FOIA claims. In establishing “a policy of openness toward information within [the federal government’s] control,” S.Rep. No. 110-59, at 1 (2007), FOIA obligated federal agencies to make their documents, records, and publications available to the public. See 5 U.S.C. § 552. FOIA does not impose a similar obligation on state agencies such as NJDCR, the entity Dunleavy charged with ignoring his requests for information. Accordingly, Dunleavy did not state a FOIA claim.
Dunleavy’s ADEA cause of action was barred by issue preclusion.
To the extent Dunleavy presented a claim under 42 U.S.C. § 1983 (rather than merely citing the statute), his § 1983 action could not proceed, either. Among other infirmities with his pleading, Dunleavy did not allege that he was deprived of a right, privilege, or immunity secured by the Constitution or laws of the United States. 42 U.S.C. § 1983. Although he claimed that he did not get a job, Dunleavy did not have a property right in the teaching position that he sought. Cf. Latessa v. New Jersey Racing Comm’n, 113 F.3d 1313, 1318 (3d Cir. 1997).
Because Dunleavy did not present actionable federal claims, the District Court did not abuse its disex’etion in declining to exercise jurisdiction over Dunleavy’s state law claims. See 28 U.S.C. § 1367(c); De Asencio, 342 F.3d at 309.
We also hold that the District Couxt did not abuse its discretion in denying Dunleavy’s motion for leave to amend his complaint because amendment would have been futile.
In sum, the District Court acted properly in dismissing Dunleavy’s complaint and denying Dunleavy leave to amend. Accordingly, we will affirm the judgment of the District Court.
. The caption includes additional names of persons listed on the District Court docket, but those persons were neither named in Dunleavy’s complaint nor served as defendants.
. Although the District Court considered different grounds for dismissal of the ADEA claims, we affirm, as we may, on an alternative basis supported by the record. See Erie Telecomm. v. Erie, 853 F.2d 1084, 1089 (3d Cir. 1988).
. Dunleavy could have amended his complaint once as a matter of course before a responsive pleading was served. See Fed. R.Civ.P. 15. Defendants' motion to dismiss was not a responsive pleading. See, e.g., Centifanti v. Nix, 865 F.2d 1422, 1431 n. 9 (3d
Reference
- Full Case Name
- Harry DUNLEAVY v. The State of NEW JERSEY The New Jersey Division of Civil Rights Rene Rovtar, individually Lorraine Watson, individually Susan Paletta, individually J. Frank Vespa-Papaleo, individually Sandra Alon Steven Kramer Rosalie Lamonte Montville Board of Education Montville Township
- Cited By
- 2 cases
- Status
- Published