Charles v. School Board of Miami-Dade County, Florida

Filing 22

ORDER granting 4 Motion to Dismiss. If the plaintiff chooses to file an amended complaint, the amended complaint shall be filed by 3/26/13. Signed by Magistrate Judge John J. O'Sullivan on 3/1/2013. (mms)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 12-24161-CIV-O’SULLIVAN
[CONSENT]
YSEULT CHARLES,
Plaintiff,
v.
SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA,
Defendant.
/
ORDER
THIS MATTER is before the Court on the Defendant’s Motion to Dismiss
Complaint (DE# 4, 12/19/12). Having reviewed the motion, response and reply, and
having heard from counsel during the status conference, it is
ORDERED AND ADJUDGED that the Defendant’s Motion to Dismiss Complaint
(DE# 4, 12/19/12) is GRANTED. The allegations in the Complaint fail to state a cause
of action for racial discrimination against a municipality under Section 1983. See,
Monell v. Dep’t of Soc. Servs. of the City of New York, 436 U.S. 658 (1978); Brown v.
City of Fort Lauderdale, 923 F.2d 1474, 1477 (11th Cir. 1991) (To prevail on a civil rights
claim against a municipality, the plaintiff must allege a citywide policy or custom of
discrimination.); Andrade v. Miami Dade County, Case No. 09-23220-JAL, 2011 WL
4345665 (S.D. Fla. Sept. 16, 2011)(dismissing the § 1983 action against a municipality
due to deficient allegations). It is further
ORDERED AND ADJUDGED that if the plaintiff chooses to file an amended
complaint, the amended complaint shall be filed by March 26, 2013.
DONE AND ORDERED in Chambers at Miami, Florida this 1st day of March,
2013.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies to: All counsel of record