Sharkins v. Montgomery County Board of Education (CONSENT)
2:24-cv-00428
M.D. Ala.Oct 23, 2024Background
- Plaintiff, Kimberly Sharkins, is a Caucasian woman with advanced degrees, hired as Early Childhood Director by the Montgomery County Board of Education and Montgomery Public Schools.
- Until March 2023, Plaintiff received satisfactory performance reviews.
- In March 2023, her supervisor stated he was prevented from giving her a higher review score due to instructions from higher administration, and told her to look for another job.
- In May 2023, Plaintiff was informed she now needed an Administrative Certification not required previously; when she offered to obtain it, her supervisors refused to allow her to pursue this credential.
- Plaintiff alleges she was excluded from an office relocation, isolated in her workplace, denied new furniture, and left in an unheated office, leading to her resignation in December 2023.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| § 1981 claim via § 1983 | Alleged repeated acts of discrimination by policymakers prove an unofficial custom | Plaintiff failed to allege an official policy or custom causing injury | Motion to dismiss § 1981 claim GRANTED |
| Title VII Constructive Discharge | Unbearable, discriminatory conditions compelled her to resign | Allegations do not amount to unbearable conditions; resignation not response to changed circumstances | Motion to dismiss Title VII claim DENIED |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (sets pleading standard for plausibility at the motion to dismiss stage)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (describes plausibility standard for Rule 12(b)(6))
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability under § 1983 requires custom, policy, or practice)
- Grech v. Clayton Cnty., 335 F.3d 1326 (11th Cir. 2003) (en banc) (explains how to plead custom or policy in claims against governmental entities)
- Poole v. Country Club of Columbus, Inc., 129 F.3d 551 (11th Cir. 1997) (standard for constructive discharge under Title VII)
- Fitz v. Pugmire Lincoln-Mercury, Inc., 348 F.3d 974 (11th Cir. 2003) (constructive discharge based on intolerable conditions standard)