Scarborough v. Frederick Cnty. Sch. Bd.
1 Scarborough attached multiple exhibits to
her opposition. (See ECF No. 40.) The
court did not consider the exhibits as it
declines to convert the motion to dismiss
into a motion for summary judgment. See
Fed. R. Civ. P. 12(d) ; Zak v. Chelsea
Therapeutics Int'l., Ltd. , 780 F.3d 597, 606
(4th Cir. 2015) ("Generally, when a
defendant moves to dismiss a complaint
under Rule 12(b)(6), courts are limited to
considering the sufficiency of allegations
set forth in the complaint and the
documents attached or incorporated into
the complaint." (internal quotation marks
omitted)).
BACKGROUND
Scarborough initially filed this suit under 42
U.S.C. § 1983 in the Eastern District of Virginia,
seeking monetary damages and an injunction
against FCPS and "Does 1-10." (ECF No. 1.)
FCPS filed a motion to dismiss under Rules 12(b)
(3) and 12(b)(6) for improper venue and for failure
to state a claim. (ECF Nos. 4–5.) Before the
parties completed briefing on the motion to
dismiss, U.S. District Judge John A. Gibney
entered an order finding that venue was proper in
the Western District of Virginia. (ECF No. 7.)
Judge Gibney denied FCPS's motion to dismiss
and transferred the matter to the Western District
of Virginia under 28 U.S.C. § 1406(a). (Id. )
Because Judge Gibney's order did not rule on any
substantive matters apart from venue, this court
entered an order stating that it "considers the
remaining matters in the motion to dismiss as still
pending," and set a hearing date for the motion to
dismiss. (ECF No. 11.)
Prior to the hearing on the motion to dismiss,
Scarborough sought leave to file an amended
complaint. (ECF No. 13.) The court granted
Scarborough leave to file an amended complaint
over FCPS's objection and denied FCPS's motion
to dismiss as moot. (ECF Nos. 15–17, 21.) In
addition to FCPS and "Does 1–10," the Amended
Complaint named Edwards, the head of
517 F. Supp. 3d 569 (W.D. Va. 2021)
574
communications for FCPS, as a defendant. *574
(See Am. Compl. [ECF No. 16] ¶ 4.) On
November 9, 2020, FCPS and Edwards filed a
motion to dismiss Scarborough's Amended
Complaint. (ECF Nos. 22–23.)
The court held a hearing on the motion on
December 7, 2020. (ECF No. 32.) At the
conclusion of the hearing, the court granted in part
and denied in part the motion to dismiss, and later
issued an order to that effect. (See ECF Nos. 32,
33.) First, the court dismissed FCPS as a
defendant with prejudice, because, under Virginia
law, a plaintiff must sue a school board, not the
school itself. (See id. ) Second, the court dismissed
Does 1–10 without prejudice because the
Amended Complaint did not state a claim against
them. (See id. ) Third, because the court dismissed
FCPS with prejudice and Scarborough failed to
specify whether she was suing Edwards in his
official or personal capacity—leaving the court
unable to appropriately analyze the substantive
claims—the court dismissed Counts I and II for
failure to state a claim. (Id. ) Finally, the court
denied the rest of Defendants' motion insofar as it
argued that Scarborough had failed to allege
claims for violations of the First and Fourteenth
Amendments or to properly request injunctive
relief. (Id. ) The court gave Scarborough until
January 21, 2021, to file a Second Amended
Complaint. (Id. )
On December 28, 2020, Scarborough filed her
Second Amended Complaint. (See 2d Am. Compl.
[ECF No. 36].) Scarborough now names four
defendants: FCSB, Edwards, Sovine, and Angelo.
She brings three causes of action under 42 U.S.C.
§ 1983 : (1) a claim against all four defendants for
"nominal damages" and injunctive relief based on
alleged First Amendment and equal protection
violations; (2) a claim against all four defendants
for alleged violations of her procedural due
process rights; and (3) a claim against FCSB for
failing to train its employees "to not block
2
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