ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

In August, Lassiter met with Sawyer and asked him to resolve the issue of her
probationary status, which he refused to do, and he explained that she could remain in her non-
certified position or retire. Lassiter filed suit raising various constitutional claims under 42 U.S.C
§§ 1983 and 1981 and the Fourteenth Amendment. She also raised numerous state law claims.
The defendant sought dismissal of Lassiter’s claim, which the court regarded as a motion for
judgment on the pleadings.
Issues: (1) Did the district violate Lassiter’s property or liberty interests? (2) Did the
district discriminate against Lassiter?
claim.
Holding: The court held the district was entitled to judgment and dismissed Lassiter’s
Reasoning: The court explained that Lassiter had ample evidence to survive the dismissal
motion, but she had failed in her pleadings to raise any valid claims that the district had deprived
her of property and liberty interests pursuant to 42 U.S.C § 1983. Furthermore, Lassiter also
failed to validly claim that she was discriminated against under 42 U.S.C § 1981. Because
Lassiter failed to raise these concerns, the court opted to dismiss the case but provided Lassiter
with time to amend her case. The court declined to weigh in on any of the state law claims.
her suit.
2005
Disposition: The motion to dismiss was granted without prejudice to Lassiter amending
Citation: Everson v. Board of Education of the School District of Highland Park, 123
Fed. Appx. 221, (2005 U.S. App.).
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