Syed Askari v. Maria G. Legarreta, in her individual capacity, Gadsden Independent School District

CourtDistrict Court, D. New Mexico
DecidedOctober 20, 2025
Docket2:25-cv-00220
StatusUnknown

This text of Syed Askari v. Maria G. Legarreta, in her individual capacity, Gadsden Independent School District (Syed Askari v. Maria G. Legarreta, in her individual capacity, Gadsden Independent School District) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Syed Askari v. Maria G. Legarreta, in her individual capacity, Gadsden Independent School District, (D.N.M. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

SYED ASKARI,

Plaintiff,

v. Civ. No. 25-220 GBW/KRS

MARIA G. LEGARRETA, in her individual capacity, Gadsden Independent School District,

Defendant.

MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on Defendant’s Motion to Dismiss (doc. 14), Plaintiff’s Motion for Continuance (doc. 22), and Defendant’s Motion for a Hearing on Defendant’s Motion to Dismiss (doc. 30). Having reviewed the briefing and all relevant law, the Court will GRANT the motion to dismiss, DENY the motion for continuance, and DENY the motion for a hearing. I. BACKGROUND Plaintiff filed this action in the Third Judicial District Court on January 17, 2025, asserting various claims against Defendant relating to his alleged detention in Defendant’s office and a negative performance review. Doc. 2. The case was removed to federal court on March 3, 2025. Doc. 1. On March 24, 2025, Plaintiff filed the currently operative Amended Complaint. Doc. 8. The factual allegations of the Amended Complaint are somewhat difficult to understand but appear to be as follows. At all times relevant to his claims, Plaintiff was

a mathematics teacher at Gadsden High School. Doc. 8 at 9. Defendant was a supervisor. See id. at 8. Plaintiff alleges that at all relevant times, Defendant was not acting within the scope of her official duties. Id. at 9. On October 28, 2024, Defendant

“coerced” Plaintiff into signing a fabricated performance plan and initiated Plaintiff’s constructive discharge using “memorandum [sic] of disciplinary insubordination.” Id. at 6. Defendant threatened Plaintiff with a “Memorandum of Disciplinary

Insubordination” if he did not remain in her office for one hundred minutes and sign the performance plan. Id. at 7. On September 27, 2024, and October 28, 2024, Defendant published untruthful statements about Plaintiff. Id. at 8. Specifically, Defendant issued a statement ordering

Plaintiff to “Collaborate with Colleagues,” as well as a statement: “Failure in Collaboration with Colleagues.” Id. In addition, the “Poor Performance Paper” published by Defendant on October 28, 2024,1 included misleading and fabricated

statements intended to harm Plaintiff’s reputation and teaching career. Id. On January 30, 2025, around 8:00 a.m., Plaintiff arrived in his classroom. Id. at 7. Defendant was hiding in the classroom with the lights off and “ambushed” Plaintiff

1 Though not explicitly stated, this appears to be the same performance plan that Defendant “coerced” Plaintiff into signing. See doc. 8 at 6. with a large brown mailing envelope and documents. Id. Plaintiff was frightened and walked to a small room in the library, but Defendant followed him. Id. at 8. Plaintiff

wept and asked not to be taken to Defendant’s office because she “keeps me [Plaintiff] for long hours.” Id. (alteration in original). At some point, Plaintiff fell on the library floor where he continued weeping. Id. He was transported by ambulance to the

hospital. Id. The Amended Complaint characterizes this as a “work-related injury,” id. at 3, though it is not clear from the allegations whether Plaintiff was physically injured. II. LEGAL STANDARD A. Rule 12(b)(6)

To survive a motion to dismiss, the complaint “must contain sufficient factual matter, accepted as true, ‘to state a claim to relief that is plausible on its face.’” Leverington v. City of Colorado Springs, 643 F.3d 719, 723 (10th Cir. 2011) (quoting Ashcroft

v. Iqbal, 556 U.S. 662, 678 (2009)). This standard does not require “detailed factual allegations,” but it does require more than “labels and conclusions” or “a formulaic recitation of the elements of a cause of action.” Bell Atl. Corp. v. Twombly, 550 U.S. 544,

555 (2007). When ruling on a 12(b)(6) motion, the court must “assume the truth of all well-pleaded facts in the complaint, and draw all reasonable inferences therefrom in the light most favorable to the plaintiffs.” Leverington, 643 F.3d at 723 (quoting Dias v. City & Cnty. Of Denver, 567 F.3d 1169, 1178 (10th Cir. 2009)). The court need not accept the

truth of any legal conclusions. Iqbal, 556 U.S. at 678. B. Rule 12(b)(1) Federal Rule of Civil Procedure 12(b)(1) allows a party to contest a federal court’s

jurisdiction over the subject matter of a claim by motion. Fed. R. Civ. P. 12(b)(1). Generally, such a motion takes one of two forms: a facial or factual attack. See Holt v. United States, 46 F.3d 1000, 1002 (10th Cir. 1995), abrogated on other grounds by Cent. Green

Co. v. United States, 531 U.S. 425, 437 (2001). A facial attack assumes the allegations of the complaint as true but argues that no jurisdiction exists. Id. A factual attack “may go beyond allegations contained in the complaint and challenge facts upon which subject

matter jurisdiction depends.” Id. at 1003. When reviewing a factual attack, the court does not presume the truthfulness of the complaint’s factual allegations and has wide discretion to consider outside evidence when resolving disputed jurisdictional facts. Id. In either circumstance, “a court is required to convert a Rule 12(b)(1) motion to dismiss

into a Rule 12(b)(6) motion or a Rule 56 summary judgment motion when resolution of the jurisdictional question is intertwined with the merits of the case.” Id. at 1003 (citing Wheeler v. Hurdman, 825 F.2d 257, 259 (10th Cir. 1987) and Redmon v. United States, 934

F.2d 1151, 1155 (10th Cir. 1991)). III. ANALYSIS The Amended Complaint asserts various and numerous claims including cruel and unusual punishment, hostile work environment, libel, defamation, and false

detention or arrest. See doc. 8 at 3–4. Also invoked are the New Mexico Human Rights Act (NMHRA), Title VII of the Civil Rights Act, and the New Mexico Tort Claims Act (NMTCA). Id. at 4, 5. Defendant argues (1) that the Amended Complaint should be

dismissed under Fed. R. Civ. P. 15(a) because the amendment was untimely, (2) that Plaintiff’s NMTCA claims should be dismissed for failure to meet the notice requirement, (3) that the NMHRA claims should be dismissed for failure to exhaust

administrative remedies, and (4) that all other claims should be dismissed because they are unsupported by factual allegations.2 See doc. 14. Plaintiff requests a continuance pursuant to Fed. R. Civ. P. 56(d)(2) to obtain discovery. Doc. 22. A. Timeliness of Amendment

The Federal Rules provide that a party “may amend its pleading once as a matter of course no later than (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading[.]”

Fed. R. Civ. P. 15.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Central Green Co. v. United States
531 U.S. 425 (Supreme Court, 2001)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Olsen v. Mapes
333 F.3d 1199 (Tenth Circuit, 2003)
Schupper v. Edie
193 F. App'x 744 (Tenth Circuit, 2006)
Nasious v. Two Unknown B.I.C.E. Agents
492 F.3d 1158 (Tenth Circuit, 2007)
Yang v. Archuleta
525 F.3d 925 (Tenth Circuit, 2008)
Dias v. City and County of Denver
567 F.3d 1169 (Tenth Circuit, 2009)
United States v. Harrell
642 F.3d 907 (Tenth Circuit, 2011)
Leverington v. City of Colorado Springs
643 F.3d 719 (Tenth Circuit, 2011)
Marilyn Wheeler v. Main Hurdman
825 F.2d 257 (Tenth Circuit, 1987)
Redmon v. United States
934 F.2d 1151 (Tenth Circuit, 1991)
Khalik v. United Air Lines
671 F.3d 1188 (Tenth Circuit, 2012)
Dutton v. McKinley County Board of Commissioners
822 P.2d 1134 (New Mexico Court of Appeals, 1991)
Martinez v. City of Clovis
625 P.2d 583 (New Mexico Court of Appeals, 1980)
Romero v. Sanchez
895 P.2d 212 (New Mexico Supreme Court, 1995)
State v. Ryder
649 P.2d 756 (New Mexico Court of Appeals, 1981)
Diaz v. Lockheed Electronics
618 P.2d 372 (New Mexico Court of Appeals, 1980)
Mitchell-Carr v. McLendon
1999 NMSC 025 (New Mexico Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
Syed Askari v. Maria G. Legarreta, in her individual capacity, Gadsden Independent School District, Counsel Stack Legal Research, https://law.counselstack.com/opinion/syed-askari-v-maria-g-legarreta-in-her-individual-capacity-gadsden-nmd-2025.