Lugg v. Sutton

368 F. Supp. 3d 1257
CourtDistrict Court, C.D. Illinois
DecidedFebruary 20, 2019
DocketCase No. 18-1412
StatusPublished
Cited by2 cases

This text of 368 F. Supp. 3d 1257 (Lugg v. Sutton) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lugg v. Sutton, 368 F. Supp. 3d 1257 (C.D. Ill. 2019).

Opinion

James E. Shadid, Chief United States District Judge

This matter is now before the Court on a Motion to Dismiss Plaintiff's Complaint (Doc. 4) filed by the Defendants, Lenford Sutton, individually, and in his capacity as Chair, Department of Educational Administration *1259and Foundations at Illinois State University ("Sutton"); the Board of Trustees of Illinois State University, an Agency of the State of Illinois ("the Board"); and Robert Churney, Robert Dobski, Rocco Donahue, Julie Annette Jones, Mary Ann Louderback, John Rauschenberger, Sharon Rossmark, and Sarah Aguilar, Student Trustees, in their capacity as the Board of Trustees of Illinois State University ("Board members") (referred to collectively as "Defendants"). For the reasons stated below, Defendants' Motion to Dismiss Plaintiff's Complaint (Doc. 4) is GRANTED IN PART and DENIED IN PART.

BACKGROUND

The Plaintiff, Elizabeth Timmerman Lugg ("Plaintiff"), is employed at Illinois State University as an Associate Professor of Education Law in the Educational Administration and Foundations Department within the College of Education. On October 2, 2018, she filed a Complaint in the Circuit Court of McLean County against Defendants alleging claims under the Illinois Ethics Act and Title VII. (Doc. 1-1).

In Count I of her Complaint, she alleges Sutton retaliated against her in violation of the Illinois Ethics Act ("Ethics Act"), 5 ILCS 430/15-10, after she complained of age and gender discrimination and assisted with a Title IX sexual misconduct claim. (Doc. 1-1, pp. 12-15). In Count II, she alleges the Board also retaliated against her in violation of the Ethics Act. Id. at 15-18. In Counts III and IV, she alleges the Board and the Board members, in their official capacities, discriminated and retaliated against her violation of Title VII of the Civil Rights Act of 1964. Id. at pp. 18-24.

On November 9, 2018, Defendants filed a Notice of Removal, and the case was assigned to this Court. (Doc. 1). The case was removed to this Court because Plaintiff raised substantial federal issues in her Complaint, namely her claims of gender discrimination and retaliation under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e. Accordingly, this Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1331.

On December 31, 2018, Defendants filed a Motion to Dismiss and moved to partially dismiss Plaintiff's Complaint with prejudice under Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1). This Opinion follows.

STANDARD OF REVIEW

Federal Rule of Civil Procedure 12(b)(1) authorizes dismissal of a complaint for lack of subject-matter jurisdiction. FED. R. CIV. P. 12(b)(1). Dismissal under Federal Rule of Civil Procedure 12(b)(6) is proper if a complaint fails to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(6). To survive a motion to dismiss, a complaint must contain sufficient factual matter, which when accepted as true, states a claim for relief that is plausible on its face. Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Id. (citing Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). A plaintiff's claim must "give enough details about the subject matter of the case to present a story that holds together" to be plausible. Swanson v. Citibank, N.A. , 614 F.3d 400, 404 (7th Cir. 2010). A court must draw all inferences in favor of the non-moving party. Bontkowski v. First Nat'l Bank of Cicero , 998 F.2d 459, 461 (7th Cir. 1993).

*1260Statements in the complaint must be sufficient to provide the defendant with "fair notice." Appert v. Morgan Stanley Dean Witter, Inc. , 673 F.3d 609, 622 (7th Cir. 2012). This means that (1) "the complaint must describe the claim in sufficient detail to give the defendant 'fair notice of what the ... claim is and the grounds upon which it rests' " and (2) "its allegations must plausibly suggest that the plaintiff has a right to relief, raising that possibility above a 'speculative level.' " E.E.O.C. v. Concentra Health Services, Inc. , 496 F.3d 773, 776 (7th Cir. 2007) (internal citations omitted).

When evaluating a motion to dismiss, courts must accept as true all factual allegations in the complaint. Ashcroft , 556 U.S. at 678, 129 S.Ct. 1937. However, the court need not accept as true the complaint's legal conclusions; "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice."

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368 F. Supp. 3d 1257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lugg-v-sutton-ilcd-2019.