Boglin v. Bd. of Trs. of Ala. Agric. & Mech. Univ.

290 F. Supp. 3d 1257
CourtDistrict Court, N.D. Alabama
DecidedFebruary 6, 2018
DocketCivil Action Number 5:17–cv–01487–AKK
StatusPublished
Cited by11 cases

This text of 290 F. Supp. 3d 1257 (Boglin v. Bd. of Trs. of Ala. Agric. & Mech. Univ.) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boglin v. Bd. of Trs. of Ala. Agric. & Mech. Univ., 290 F. Supp. 3d 1257 (N.D. Ala. 2018).

Opinion

ABDUL K. KALLON, UNITED STATES DISTRICT JUDGE

Deborah Boglin brings a single First Amendment retaliation claim pursuant to *126142 U.S.C. § 1983 against Alabama Agricultural and Mechanical University (Alabama A & M); Alabama A & M's Board of Trustees; each individual member of the Board of Trustees, in both their official and individual capacities; and Yvette Clayton, the Director of Career Development Services (CDS) at Alabama A & M, in both her official and individual capacity. The Defendants have now filed a motion to dismiss, doc. 19, pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure asserting Eleventh Amendment immunity and arguing that Boglin has failed to plead a plausible First Amendment retaliation claim. That motion is now fully briefed, docs. 20 and 27, and ripe for decision.1 After carefully reviewing the parties' excellent briefs, the applicable law, and the complaint, the court finds that the Defendants' motion is due to be granted. The court will allow Boglin an opportunity, however, to replead her claims against Clayton and her individual capacity claims against the board.

II. STANDARD OF REVIEW

Typically, immunity issues are construed as challenges to the subject-matter jurisdiction of a federal court properly raised under Rule 12(b)(1), at least where, as here, the jurisdictional challenge does not implicate the underlying merits of the case. See Garrett v. Talladega Cty. Drug & Violent Crime Task Force , 983 F.Supp.2d 1369, 1373 (N.D. Ala. 2013) ; Harris v. Bd. of Trs. Univ. of Ala. , 846 F.Supp.2d 1223, 1231 (N.D. Ala. 2012). A 12(b)(1) challenge may take the form of a facial or factual attack on the complaint. McElmurray v. Consol. Gov't of Augusta-Richmond Cty. , 501 F.3d 1244, 1251 (11th Cir. 2007). A facial attack " 'require[s] the court merely to look and see if [the] plaintiff has sufficiently alleged a basis of subject matter jurisdiction, and the allegations in [her] complaint are taken as true for the purposes of the motion.' " Id. (quoting Lawrence v. Dunbar , 919 F.2d 1525, 1529 (11th Cir. 1990) ). On the other hand, a factual attack challenges " 'the existence of subject matter jurisdiction in fact, irrespective of the pleadings, and matters outside the pleadings ... are considered.' " Id. (quoting Lawrence , 919 F.2d at 1529 ). In such an instance, the court may hear conflicting evidence and decide the factual issues bearing on jurisdiction. Colonial Pipeline Co. v. Collins , 921 F.2d 1237, 1243 (11th Cir. 1991). In their initial brief, the Defendants *1262do not reference the existence of any facts beyond the pleadings bearing on this court's jurisdiction. Accordingly, the court construes the Defendants' 12(b)(1) motion as a facial attack.2

In addition to meeting this court's jurisdictional requirements, Federal Rule of Civil Procedure 8(a)(2) requires a pleading to contain "a short and plain statement of the claim showing that the pleader is entitled to relief." "[T]he pleading standard Rule 8 announces does not require 'detailed factual allegations,' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). Mere " 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action' " are insufficient. Id. (quoting Twombly , 550 U.S. at 555, 127 S.Ct. 1955 ). "Nor does a complaint suffice if it tenders 'naked assertion[s]' devoid of 'further factual enhancement.' " Id. (quoting Twombly , 550 U.S. at 557, 127 S.Ct. 1955 ).

Federal Rule of Civil Procedure 12(b)(6) permits dismissal when a complaint fails to comply with Rule 8(a)(2) or does not otherwise state a claim upon which relief can be granted. When evaluating a motion brought under Rule 12(b)(6), the court accepts "the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff." Hunt v. Aimco Props., L.P. , 814 F.3d 1213, 1221 (11th Cir. 2016). However, "[t]o survive a motion to dismiss, a complaint must ...

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290 F. Supp. 3d 1257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boglin-v-bd-of-trs-of-ala-agric-mech-univ-alnd-2018.