Jackson Ex Rel. Jackson v. Mix

282 F. App'x 361

• Court: Court of Appeals for the Sixth Circuit
• Decided: June 9, 2008
• Docket: 07-6010
• Status: Unpublished

Opinion

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiff Sandi Jackson alleges that defendants, individually and in concert with each other, violated her daughter Keely’s constitutional rights. None of the factual allegations contained in her complaint, however, are linked with any specific defendant, and the complaint fails to address how defendants’ actions were objectively unreasonable. Citing these failures, the district court gave Jackson twenty-one days to amend her complaint under Achterhof v. Selvaggio, 886 F.2d 826, 881 (6th Cir.1989) (if a plaintiff fails to allege sufficient factual allegations necessary to sustain his § 1983 action, a court must accord the plaintiff an additional opportunity to come forward with such allegations). Instead of curing the problem, Jackson’s second complaint simply re-alleges that “all of the defendants participated in violating her substantive due process rights by committing several unconstitutional acts.” This is not specific enough to sustain her claim, and the defendants are thus entitled to a dismissal of the complaint under Fed. R.Civ.P. 12(b)(6) (failure to state a claim upon which relief can be granted). We thus AFFIRM the holding of the district court.