Damene W. Woldeabv.Dekalb County Board Of Education
Damene Woldeab, an Ethiopian man, sued after alleging national-origin discrimination, retaliation, and harassment connected to his employment with the DeKalb County school system. The district court dismissed his pro se complaint with prejudice because the named county board of education was not a legal entity capable of being sued, and it did not allow him to amend the pleading to name the proper defendant. The Eleventh Circuit held that dismissal with prejudice was an abuse of discretion. A pro se plaintiff must ordinarily receive at least one opportunity to amend when a more carefully drafted complaint might state a claim, unless he clearly refuses to amend or amendment would be futile. Woldeab’s objections showed confusion about the pleading defect, not a clear refusal to replead, and his allegations concerning a timely termination claim might support a Title VII action against the correct defendant. The court vacated the dismissal and remanded with instructions to give Woldeab an opportunity to file an amended complaint.
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