Brown v. Biggs
4:24-cv-01098
E.D. Ark.May 2, 2025Background
- Tanya Brown sued Billy Ray Biggs and the Area Agency on Aging of Southeast Arkansas, Inc., alleging race and age discrimination under Title VII, Section 1981, and the Fourteenth Amendment.
- Defendants moved to dismiss the case under Rule 12(b)(6) for failure to state sufficient facts and on grounds that Title VII claims cannot be brought against individuals.
- Brown withdrew her age and gender discrimination claims and claims against Biggs in his individual capacity in her response.
- Brown did not respond to arguments regarding her official capacity claim against Biggs or her Fourteenth Amendment claim.
- The court treated Brown’s lack of response as abandonment of those claims.
- Brown supported her remaining race discrimination claim with new facts not in the original complaint, and was ordered to file an amended complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Factual Allegations | Claims are sufficiently pled, and new facts were provided in the response | Complaint lacks sufficient facts; only labels and conclusions | Plaintiff must amend complaint to include sufficient facts supporting race discrimination |
| Individual Liability Under Title VII | (Withdrew claim) | Title VII does not allow claims against individuals | Claims against Biggs in his individual capacity dismissed |
| Official Capacity Claims Against Biggs | (No response/abandoned) | Official capacity claims are improper or unsupported | Claims against Biggs in official capacity dismissed |
| Age and Gender Discrimination Claims | (Withdrew claim) | Title VII and § 1981 do not support age discrimination claim | Claims dismissed as withdrawn |
| Fourteenth Amendment Claims | (No response/abandoned) | Claims are not supportable | Claims dismissed as abandoned |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (Complaint must state a plausible claim for relief to survive a motion to dismiss)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Recitation of elements without factual support is insufficient to survive dismissal)
- Erickson v. Pardus, 551 U.S. 89 (Complaint must give fair notice of claim and grounds for relief)
- Neitzke v. Williams, 490 U.S. 319 (Court assumes complaint’s factual allegations as true when reviewing motion to dismiss)