Rafael Gomez v. University of Miami
24-12361
11th Cir.Apr 14, 2025Background
- Rafael Gomez, a former public safety officer at the University of Miami, was terminated for not complying with the University’s COVID-19 vaccine mandate, citing religious beliefs.
- Gomez filed a pro se employment discrimination lawsuit alleging religious discrimination and failure to accommodate his beliefs.
- The district court ordered Gomez to perfect service of process within 90 days and provide proof of service or show cause for noncompliance.
- Gomez timely served the University on the deadline (June 12, 2024), but failed to file proof of service with the court.
- The district court dismissed the case without prejudice after finding Gomez had not complied with its order; Gomez appealed the dismissal.
- By the time of dismissal, the statutory filing period had expired, effectively barring Gomez from refiling his claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was service of process timely? | Gomez timely served the Univ. | No clear argument on this | Service was timely; plaintiff complied with deadline. |
| Should a dismissal without prejudice bar claims? | Did not address directly | Gomez abandoned appeal issues | Dismissal was effectively with prejudice and improper. |
| Was there a clear record of delay/willful misconduct? | No intentional misconduct | No assertion | No clear record exists; harsh remedy not justified. |
| Can the appellate court correct the error sua sponte? | Yes (to prevent injustice) | No (issues not briefed) | Yes, to prevent miscarriage of justice. |
Key Cases Cited
- Zocaras v. Castro, 465 F.3d 479 (11th Cir. 2006) (sets standard for dismissals for failure to comply with court orders)
- Gratton v. Great Am. Commc’ns, 178 F.3d 1373 (11th Cir. 1999) (standard of review for dismissals under Rule 41(b))
- Blue Martini Kendall, LLC v. Miami Dade Cnty., 816 F.3d 1343 (11th Cir. 2016) (defines miscarriage of justice in appellate context)
- Bost v. Fed. Express Corp., 372 F.3d 1233 (11th Cir. 2004) (dismissal without prejudice does not allow suit after limitations period expires)
- Stein v. Reynolds Secs., Inc., 667 F.2d 33 (11th Cir. 1982) (same as Bost)