United States District Court, W.D. Louisiana, Shreveport Division
E. WALTER, UNITED STATES DISTRICT JUDGE.
the Court is a Motion to Dismiss filed by Defendants Bossier
Parish School Board ("BPSB"), David Hennigan
("Hennigan"), Sherri Pool
("Pool"), Frank Reaugeau
("Reaugeau"), David Thrash ("Thrash"), and
Scott Smith ("Smith"). [Rec. Doc. 11]. Also before
the Court is a Motion to Dismiss filed by Defendants Red
River United ("RRU") and Jackie Lansdale
("Lansdale"). [Rec. Doc. 13]. Plaintiff, Jaqualine
McGee ("McGee"), has not filed an opposition to
either motion. For the reasons assigned herein,
Defendants' motions are GRANTED.
is an employee of BPSB, where she formerly worked as a
cafeteria manager. McGee states that her performance as
cafeteria manager was considered satisfactory until January
2018, when the police interviewed her in connection with a
criminal investigation of another employee. [Rec. Doc. 1-2 at
3]. McGee states that after the interview she started to
receive reprimands. See id. On February 7, 2018,
McGee was given a two-day suspension without pay for the
inappropriate use of school funds to purchase alcohol for the
cafeteria employee Christmas party. See id. at 6-7.
Shortly thereafter, on March 5, 2018, McGee was given a
written reprimand for her behavior at a scheduled community
goodwill breakfast. See Id. at 8. When community
leaders arrived at her school to serve breakfast to students,
McGee informed them that the event had been canceled without
verifying this information with her chain of command. See
id. According to BPSB, the event was not canceled, and
McGee should have responded to the situation in a more
positive manner. See id. McGee was given a written
reprimand, which noted that McGee exercised poor judgment and
unsatisfactory work performance by failing to call a
supervisor and clear up any confusion before rudely sending
away the community leaders. See id. When McGee was
presented with the written reprimand, she signed it as
follows: "This is not what happened, I'm signing
because I read the reprimand." See id.
March 8, 2018, Pool, BPSB's Human Resources Director,
placed McGee on administrative leave, with pay, while the
matter was being investigated. See id. at 10. The
same day, Hennigan, BPSB Interim Food Service Supervisor,
recommended to Smith, BPSB Superintendent, that McGee be
terminated for insubordination and dishonesty. See
id. at 11. Hennigan found that the allegations set forth
in the March 5, 2018, reprimand were correct based on
corroborating statements by Pool and Thrash, Principal of
Bossier High School. See id.
letter dated July 3, 2018, Superintendent Smith informed
McGee that he was contemplating disciplinary action against
her because of her actions at the community breakfast and her
lack of cooperation with the investigation of the incident.
See id. at 14. McGee provided a written statement to
Smith containing her version of the events surrounding the
community breakfast. See id. at 15-16. Smith was not
swayed by McGee's explanation. Smith decided to demote
McGee to the position of food service technician. See
id. at 17. McGee states that a younger, white female
filled her management position. See id. at 3.
Thereafter, McGee took extended sick leave for injuries she
alleges were sustained from a January 2018 slip and fall in a
freezer at the school. See id. at 18-23, 47-48, 50-55,
filed two official charges of discrimination with the Equal
Employment Opportunity Commission ("EEOC"). On
September 11, 2018, McGee filed a charge against BPSB with
the EEOC and the Louisiana Commission on Human Rights,
alleging discrimination on the basis of race, age, and
retaliation. See id. at 7. In the charge, McGee
states that she began receiving reprimands shortly after she
was interviewed by the police in connection with a criminal
investigation of another employee. See id. On
September 17, 2018, the EEOC dismissed McGee's case,
provided her with notice of her right to sue, and cautioned
that a lawsuit must be filed within 90 days. See id.
November 14, 2018, McGee filed a second EEOC charge against
her union, RRU, alleging discrimination on the basis of race,
color, sex, age, and genetic information. See id. at
78-82. McGee described RRU's alleged
discrimination as follows: "I think that [RRU] did not
represent me to the best of their ability. Instead of
fighting for me, they only tried to work out an
agreement." See id. at 78. On November 27,
2018, McGee received a right to sue letter from the EEOC
related to her charge against RRU. [Rec. Doc. 1 at 1].
January 28, 2019, McGee filed a Complaint in this Court
seeking damages under Title VII of the Civil Rights Act, 42
U.S.C. § 2000e, et seq. See id. McGee named
BPSB and its employees Hennigan, Pool, Reaugeau, Thrash, and
Smith as Defendants. See id. McGee also named her
union, RRU, and two RRU employees, Lansdale and Elizabeth
Gipson. See id.The Defendants move to dismiss
McGee's claims with prejudice under Federal Rule of Civil
Procedure 12(b)(6) for failure to state a claim upon which
relief may be granted. [Rec. Docs. 11 and 13].
Rule 12(b)(6) standard
Rule of Civil Procedure 8(a)(2) requires that a pleading
contain "a short and plain statement of the claim
showing that the pleader is entitled to relief." When a
complaint falls short of this directive, a defendant may move
to dismiss the claim for "failure to state a claim upon
which relief can be granted." Fed.R.Civ.P. 12(b)(6). In
considering a 12(b)(6) motion, the Court "accepts
'all well-pleaded facts as true, viewing them in the
light most favorable to the plaintiff.'" Martin
K. Eby Constr. Co. v. Dallas Area Rapid Transit, 369
F.3d 464, 467 (5th Cir. 2004) (quoting Jones v.
Greninger, 188 F.3d 322, 324 (5th Cir. 1999)).
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, 129 S.Ct.
1937, 1949 (2009) (quoting Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 1974
(2007)). Under this standard, "factual allegations must
be enough to raise a right to relief above the speculative
level ... on the assumption that all the allegations in the
complaint are true (even if doubtful in fact)."
Twombly, 550 U.S. at 555-56, 127 S.Ct. at 1965. If a
pleading only contains "labels and conclusions" and
"formulaic recitation of the elements of a cause of
action," the pleading does not meet the standards of
Rule 8(a)(2). Iqbal 556 U.S. at 678, 129 S.Ct. at
1949 (citation omitted). Courts do not have to accept legal
conclusions as facts. See id. However, the Court
"should not dismiss [a] claim unless the plaintiff would