Turner v. Richmond Public Schools et al

Filing 19

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 3/28/2017. (sbea, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Richmond Division REGINA TURNER, Plaintiff, V. Civil Action No. 3; 16cv256 RICHMOND PUBLIC SCHOOLS, et aL, Defendants. MEMORANDUM OPINION This matter comes before the Court on the Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)' filed by Defendants Richmond Public Schools ("RPS"), Kimberly Gray, Kristen Larson, Donald Coleman, Jeffrey Bourne, Derik Jones, Glen Sturtevant, and Dana T. Bedden (collectively, "Defendants").^ (ECF No. 13.) Plaintiff Regina Turner responded, and Defendants replied. (ECF Nos. 16,17.) The Court exercises jurisdiction pursuant to 28 U.S.C. § 1331.^ This matter is ripe for disposition. The Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would ' Federal Rule of Civil Procedure 12(b)(6) allows dismissal for "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). Defendant Joseph Andriano, M.D., has not filed any responsive pleadings. Turner served him with the Amended Complaint on August 18, 2016, and the Federal Rules of Civil Procedure required him to file his responsive pleadings by September 8, 2016. ^Section 1331 defines federal question jurisdiction asfollows: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. Turner's Amended Complaint alleges Fourteenth Amendment violations pursuant to 42 U.S.C. § 1983. Section 1983 provides a private right of action for a violation of constitutional rights by persons acting under the color of state law. 42 U.S.C. § 1983. Turner's Amended Complaint also claims violations of Title VII of the Civil Rights Act of 1964,42 U.S.C. §§ 2000e et seq., ("Title VII"). Title VII prohibits discrimination by covered employers on the basis of race, color, religion, sex, or national origin. See 42 U.S.C. §§ 2000e et seq.

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