Jackson v. Beacon City School District

Background

Walter L. Jackson, proceeding without a lawyer and without prepaying filing fees, brought a claim under Title VII of the Civil Rights Act of 1964. He alleged that his employer, Beacon City School District, discriminated against him because of his race. The court had previously found that his original complaint did not allege facts suggesting that the defendant took an adverse employment action because of his membership in a protected class. The allegations also appeared to suggest that a reason unrelated to a protected class explained why the defendant did not pay him.

On November 14, 2019, the court gave Jackson 60 days to amend. He filed an amended complaint on November 27, 2019. The court found that the amended complaint repeated the same facts and did not include the documents referenced by the words “see attached.” The court therefore concluded that the amended complaint was insufficient to state an employment-discrimination claim.

Leave to Amend

The court explained that a complaint filed by a person without a lawyer generally should receive at least one opportunity to be amended when a generous reading of the allegations suggests that a valid claim might be stated. Although Jackson had already received one opportunity to amend, the court granted him one final opportunity to file a second amended complaint with enough facts to establish an employment-discrimination claim.

The court directed Jackson, to the greatest extent possible, to identify the relevant people and their titles; describe what each defendant did or failed to do; provide dates, times, and locations; explain how the conduct violated his rights; describe his injuries; identify the relief he sought; and provide addresses for named defendants. The court stated that the second amended complaint would replace, rather than supplement, both earlier complaints.

Ruling and Effect

The court granted Jackson leave to file a second amended complaint. It required him to submit the document to the Pro Se Intake Unit within 45 days of the order, label it “Second Amended Complaint,” and include docket number 19-CV-8164 (NSR). No summons would issue at that time. The court warned that, if Jackson failed to comply and could not show a good reason for the failure, it would dismiss the action for failure to state a claim upon which relief could be granted.

The court directed the Clerk to mail the order to Jackson and note service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied Jackson permission to proceed without prepaying fees for purposes of an appeal. The order did not dismiss the action at that time.