Lightfoot v. Richmond Public Schools et al
Filing
36
MEMORANDUM OPINION. See for complete details. Signed by District Judge Robert E. Payne on 08/11/2017. (nbrow)
rr
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
u
rr ~
FERNANDO LIGHTFOOT,
Q;
11
v.
Civil Action No. 3:16cv910
RICHMOND PUBLIC SCHOOLS,
et al.,
Defendants.
MEMORANDUM OPINION
This matter is before the Court on the MOTION TO DISMISS
Board
for
the
(ECF No.
City
of
25),
filed by Defendants the School
Richmond
("RPS")
and
Dana
T.
Bedden
For the reasons set
( "Bedden") (collectively the "Defendants") .
forth below, the motion will be granted.
PROCEDURAL BACKGROUND
Fernando
COMPLAINT
several
("Lightfoot")
Lightfoot
(ECF No.
claims
1)
on November 14,
against
multiple
filed
2016.
individuals
his
original
Lightfoot alleged
affiliated
with
Linwood Holton Elementary School.
The
parties
in
this
conference on April 19,
the COMPLAINT
2~~-l~j
_
_J
CLERK, U.S. DIST;-=t!CT COURT
RICHMOND, VA
Plaintiff,
AMENDED COMPLAINT
~ r-n~ 1
(ECF No.
case
2017.
2),
attended
the
initial
pretrial
Based on the Court's review of
DEFENDANT
DAVID HUDSON'S MOTION TO
DISMISS
( ECF No.
7) ,
the MOTION TO DISMISS 1
and the supporting and opposing memoranda,
that
the
Complaint
did
were
presented against
not
adequately
which defendants
(ECF
( ECF No.
12) ,
the Court determined
set
nor
forth
which
did the
claims
Complaint
set forth plausible claims within the meaning of Bell Atlantic
v. Twombly, 550 U.S. 544
(2009).
(2007); Ashcroft v. Iqbal, 550 U.S. 662
Therefore, the Court granted the Defendants' motions to
dismiss, and dismissed the Complaint without prejudice.
Lightfoot refiled an AMENDED COMPLAINT
10, 2017.
(ECF No.
23)
on May
The Amended Complaint names the following individuals
as defendants 2 :
Richmond Public Schools ("RPS")
3,
Dana T. Bedden
The Motion to Dismiss was filed by the School Board for the
City of Richmond ("RPS") , Kimberly Gray ("Gray") , individually
and in her official capacity as a member of the RPS Board,
Kristen Larson ("Larson"), individually and in her official
capacity as
a member
of the
RPS
Board,
Donald Coleman
("Coleman"), individually and in his official capacity as a
member of the RPS Board, Jeffrey Bourne ("Bourne"), individually
and in his official capacity as a member of the RPS Board, Derik
Jones ("Jones"), individually and in his official capacity as a
member of the
RPS
Board,
Glen Sturtevant
("Sturtevant") ,
individually and in his official capacity as a member of the RPS
Board,
Dana T.
Bedden
("Bedden),
individually and in his
official capacity as Superintended at Richmond Public Schools,
and Anthony Leonard
("Leonard"),
individually and in his
official capacity as Executive Director of Elementary Schools at
Richmond Public Schools.
1
Lightfoot did not include in the Amended Complaint several
individuals whom he had previously included as Defendants in the
original complaint.
2
In the original Complaint, Lightfoot incorrectly identified one
of the Defendants as Richmond Public Schools ("RPS").
The
3
2
( "Bedden") ,
individually,
Amended Complaint
violation
of
sets
Title
and David Hudson,
forth
VII,
six
and,
individually.
COUNT
claims.
although
it
1
is
The
asserts
described
a
as
"Hudson's Sexual Harassment of Lightfoot," the count is alleged
only against RPS.
(AC,
Title
although
VII,
and,
Retaliation
Against
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