Betty Jefferson v. School Board City of Norfolk
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:10-cv-00316-JBF-TEM Copies to all parties and the district court/agency. [998709207].. [11-1256]
Appeal: 11-1256
Document: 24
Date Filed: 10/26/2011
Page: 1 of 7
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1256
BETTY JEFFERSON; NORFOLK FEDERATION OF TEACHERS, LOCAL
4261, affiliated with the American Federation of Teachers,
Plaintiffs – Appellants,
v.
SCHOOL BOARD OF THE CITY OF NORFOLK,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Jerome B. Friedman, Senior
District Judge. (2:10-cv-00316-JBF-TEM)
Submitted:
September 30, 2011
Decided:
October 26, 2011
Before DUNCAN, KEENAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert E. Paul, Jordan M. Kaplan, ZWERDLING, PAUL, KAHN & WOLLY,
PC, Washington, D.C., for Appellants. Andrew R. Fox, Assistant
City Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 11-1256
Document: 24
Date Filed: 10/26/2011
Page: 2 of 7
PER CURIAM:
Betty Jefferson and the Norfolk Federation of Teachers
(“NFT”) filed the instant 42 U.S.C. § 1983 (2006) action in the
district court, alleging that the School Board of the City of
Norfolk
(“the
School
Board”)
violated
Amendment right to due process.
the
School
Board
represented
motion
to
(b)(6).
by
violated
NFT.
dismiss
In
Fourteenth
The complaint also alleged that
the
rights
response,
pursuant
Jefferson’s
to
Fed.
the
R.
of
other
School
Civ.
individuals
Board
P.
filed
12(b)(1)
a
and
After Jefferson and NFT filed a response and an amended
complaint, the district court ruled that NFT lacked standing to
participate in the action and dismissed Jefferson’s claim for
failure to state a claim.
Following
the
district
court’s
dismissal,
Jefferson
and NFT filed a motion to alter or amend the judgment and a
motion
for
leave
to
file
a
second
district court denied both motions.
amended
complaint.
The
Jefferson and NFT appeal
both the original judgment and the denial of the post-judgment
motions.
We affirm.
On
appeal,
Jefferson
and
NFT
raise
three
issues:
(1) the district court erred in finding that Jefferson failed to
state a claim for the deprivation of her due process rights;
(2) the
district
court
erred
in
finding
that
NFT
lacked
standing; and (3) the district court erred in refusing to amend
2
Appeal: 11-1256
its
Document: 24
judgment
Date Filed: 10/26/2011
to
allow
Jefferson
and
Page: 3 of 7
NFT
to
file
an
amended
complaint.
This court reviews de novo a district court’s grant of
a motion to dismiss for failure to state a claim under Fed. R.
Civ. P. 12(b)(6).
Philips v. Pitt Cnty. Mem’l Hosp., 572 F.3d
176, 179-80 (4th Cir. 2009).
To survive a Rule 12(b)(6) motion,
a complaint’s “[f]actual allegations must be enough to raise a
right to relief above the speculative level,” with “enough facts
to state a claim to relief that is plausible on its face.”
Atl.
Corp.
v.
Twombly,
550
U.S.
544,
555,
570
Bell
(2007).
Generally, when ruling on a Rule 12(b)(6) motion, a judge must
“accept as true all of the factual allegations contained in the
complaint.”
Erickson v. Pardus, 551 U.S. 89, 94 (2007).
A
court is not, however, required “to accept as true allegations
that are merely conclusory, unwarranted deductions of fact, or
unreasonable inferences” or “allegations that contradict matters
properly subject to judicial notice or by exhibit.”
Veney v.
Wyche, 293 F.3d 726, 730 (4th Cir. 2002) (internal quotation
marks omitted).
To establish a violation of procedural due process,
Jefferson must have alleged that (1) she had a property interest
(2)
of
which
the
process of law.
School
Board
deprived
her
(3)
without
due
Sunrise Corp. of Myrtle Beach v. City of Myrtle
Beach, 420 F.3d 322, 328 (4th Cir. 2005).
3
Public employees may
Appeal: 11-1256
have
Document: 24
a
Date Filed: 10/26/2011
constitutionally
employment.
protected
Page: 4 of 7
property
interest
in
their
Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532,
542, 546 (1985); Andrew v. Clark, 561 F.3d 261, 269 (4th Cir.
2009).
A
employment
public
may
school
derive
from
teacher’s
“a
property
contract
which
interest
provides
in
for
continued employment, and which can be terminated only for good
cause.”
Royster v. Bd. of Trs., 774 F.2d 618, 620 (4th Cir.
1985).
The parties here do not dispute that Jefferson had a
property interest in her teaching job or that, when provided
notice of her proposed dismissal, she did not seek the hearing
to which she was statutorily entitled.
such
a
hearing
would
have
been
Jefferson alleges that
meaningless
because,
believes, the School Board had predetermined her case.
she
We find
this claim to be unsupported by any factual averment, and we
therefore affirm its dismissal by the district court.
NFT claims on appeal that, contrary to the district
court’s ruling, it did have associational standing to proceed in
the district court.
(Appellants’ Br. at 31-35).
This court
reviews de novo the district court’s decision to dismiss for
lack of standing.
Bishop v. Bartlett, 575 F.3d 419, 423 (4th
Cir. 2009).
Because NFT lacks standing to sue in its own right, as
it has suffered no injury in fact, it must attain associational
standing in order to proceed.
See Hunt v. Wash. State Apple
4
Appeal: 11-1256
Document: 24
Date Filed: 10/26/2011
Page: 5 of 7
Adver. Comm’n, 432 U.S. 333, 342-43 (1977) (“Even in the absence
of injury to itself, an association may have standing solely as
the representative of its members.” (internal quotation marks
omitted)).
NFT has standing to bring suit on behalf of its
members if: “(1) its members would otherwise have standing to
sue as individuals; (2) the interests at stake are germane to
the group’s purpose; and (3) neither the claim made nor the
relief
requested
members
in
Stasko,
282
the
requires
suit.”
F.3d
315,
the
Friends
320
participation
for
(4th
Ferrell
Cir.
of
individual
Parkway,
2002).
LLC
Neither
v.
party
contests the district court’s finding that NFT satisfied the
first two prongs of the associational standing test.
Therefore,
this appeal turns on whether NFT satisfies the third prong.
review
reveals
that
the
relief
sought
for
the
Our
association’s
membership as a whole is so vague as to be meaningless, and that
the
complaint
otherwise
concerns
only
Jefferson’s
specific
See Warth v.
rights and requires her individual participation.
Seldin, 422 U.S. 490, 515-16 (1975) (holding nature of relief
sought is key to assessing associational standing).
Therefore,
the district court did not err in denying NFT standing.
Lastly,
NFT
and
Jefferson
assert
that
the
court erred in denying their post-judgment motions.
reviews
a
district
court’s
denial
complaint for abuse of discretion.
5
of
a
motion
district
This court
to
amend
a
Laber v. Harvey, 438 F.3d
Appeal: 11-1256
Document: 24
Date Filed: 10/26/2011
Page: 6 of 7
404, 428 (4th Cir. 2006) (en banc).
Under Fed. R. Civ. P.
15(a)(2), after the period for amending a complaint as a matter
of course has expired “a party may amend its pleading only with
the opposing party’s written consent or the court’s leave.”
The
court’s leave should be freely given and “should be denied only
when the amendment would be prejudicial to the opposing party,
there has been bad faith on the part of the moving party, or the
amendment would have been futile.”
Laber, 438 F.3d at 426-27
(internal quotation marks omitted).
The district court may not
grant a post-judgment motion to amend, such as the one at issue
here, “unless the judgment is vacated pursuant to [Fed. R. Civ.
P.] 59(e).”
“A
Id. at 427.
conclusion
that
the
district
court
abused
its
discretion in denying a motion to amend . . . is sufficient
grounds on which to reverse the district court’s denial of a
Rule
59(e)
motion.”
Matrix
Capital
Mgmt.
Fund,
LP
v.
BearingPoint, Inc., 576 F.3d 172, 193 (4th Cir. 2009) (internal
quotation marks omitted).
We conclude that the district court
did not abuse its discretion in denying the Rule 15(b) motion to
amend, as we agree with the district court that such amendment
would have been futile.
Accordingly, we affirm the judgment of the district
court.
legal
We dispense with oral argument because the facts and
contentions
are
adequately
6
presented
in
the
materials
Appeal: 11-1256
before
Document: 24
the
court
Date Filed: 10/26/2011
and
argument
would
Page: 7 of 7
not
aid
the
decisional
process.
AFFIRMED
7
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?