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Denise Hamilton v. Michelle Rhee et al

March 18, 2011

DENISE HAMILTON, PLAINTIFF,
v.
MICHELLE RHEE ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge

Re Document No.: 3

MEMORANDUM OPINION GRANTING THE DEFENDANTS'MOTION TO DISMISS

I. INTRODUCTION

This matter is before the Court on the defendants' motion to dismiss and the plaintiff's opposition thereto. Because the pro se plaintiff has not stated a claim upon which relief can be granted, the court grants the defendants' motion to dismiss.

II. FACTUAL & PROCEDURAL BACKGROUND*fn1

Since approximately 2003, the plaintiff, a blind teacher, was employed by the District of Columbia Public Schools ("DCPS") and taught visually impaired, blind and special education students. Compl. at 2. On August 1, 2008, the DCPS terminated the plaintiff "allegedly for lacking the proper licensing credential to work as a . . . teacher," notwithstanding the fact that, prior to her "final date of termination," she had passed the licensing exam and was issued the proper credential by the Office of the State Superintendent of Education. Id. The plaintiff asserts that her termination was the result of unlawful disability discrimination. Pl.'s Opp'n at 1-2. Apparently addressing the issue of exhaustion, the plaintiff states that she had previously filed a charge with the Equal Employment Opportunity Commission ("EEOC") and had received a right to sue letter. Id. at 3. The plaintiff also alleges that she was denied her right to a due process hearing to challenge the DCPS's decision not to give her an incentive check based on her students' improved test scores. Id. at 2-3.

The plaintiff filed her complaint in the District of Columbia Superior Court on March 12, 2010, demanding reinstatement, back pay and benefits, expungement of all references to her termination from her personnel records and unspecified compensatory and punitive damages. Id. at 3-4. Although the plaintiff does not identify any federal statute or common law theory under which she brings her claims, her allegations taken as a whole appear to allege violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq., and constitutional due process violations as brought pursuant to 42 U.S.C. § 1983. See generally Compl.; Pl.'s Opp'n. The defendants removed the action to this court on April 14, 2010, see Notice of Removal, and immediately thereafter filed their motion to dismiss, see generally Defs.' Mot. With the motion now fully briefed, the court turns to the applicable legal standards and the parties' arguments.

II. ANALYSIS

A. Legal Standard for Rule 12(b)(6) Motion to Dismiss

A Rule 12(b)(6) motion to dismiss tests the legal sufficiency of a complaint. Browning v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002). The complaint need only set forth a short and plain statement of the claim, giving the defendant fair notice of the claim and the grounds upon which it rests. Kingman Park Civic Ass'n v. Williams, 348 F.3d 1033, 1040(D.C. Cir. 2003) (citing FED. R. CIV. P. 8(a)(2) and Conley v. Gibson, 355 U.S. 41, 47 (1957)). "Such simplified notice 2 pleading is made possible by the liberal opportunity for discovery and the other pretrial procedures established by the Rules to disclose more precisely the basis of both claim and defense to define more narrowly the disputed facts and issues." Conley, 355 U.S. at 47-48 (internal quotation marks omitted). It is not necessary for the plaintiff to plead all elements of his prima facie case in the complaint, Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511-14 (2002), or "plead law or match facts to every element of a legal theory," Krieger v. Fadely, 211 F.3d 134, 136 (D.C. Cir. 2000) (internal quotation marks and citation omitted).

Yet, "[t]o 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, 129 S. Ct. 1937, 1949 (2009) (internal quotation marks omitted); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 562 (2007) (abrogating the oft-quoted language from Conley, 355 U.S. at 45-46, instructing courts not to dismiss for failure to state a claim unless it appears beyond doubt that "no set of facts in support of his claim [] would entitle him to relief"). A claim is facially plausible when the pleaded factual content "allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S. Ct. at 1949 (citing Twombly, 550 U.S. at 556). "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. (citing Twombly, 550 U.S. at 556).

In resolving a Rule 12(b)(6) motion, the court must treat the complaint's factual allegations -- including mixed questions of law and fact -- as true and draw all reasonable inferences therefrom in the plaintiff's favor. Holy Land Found. for Relief & Dev. v. Ashcroft, 333 F.3d 156, 165 (D.C. Cir. 2003); Browning, 292 F.3d at 242. While many well-pleaded complaints are conclusory, the court need not accept as true inferences unsupported by facts set out in the complaint or legal conclusions cast as factual allegations. Warren v. Dist. of Columbia, 353 F.3d 36, 39 (D.C. Cir. 2004); Browning, 292 F.3d at 242. "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Iqbal, 129 S. Ct. at 1949 (citing Twombly, 550 U.S. at 555).

B. The Plaintiff Has Not Exhausted Her Remedies With Respect to Her ADA Claim

The plaintiff asserts that "[h]er termination was the result of a pattern of discrimination against visually impaired employees." Pl.'s Opp'n at 1-2; see also Compl. at 2-3. The defendants' argue that the plaintiff did not administratively exhaust ...


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