No. 14-1448
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:13-cv-00668-BO)
Submitted:
FLOYD,
Circuit
Decided:
Judges,
and
November 6, 2014
HAMILTON,
Senior
PER CURIAM:
Telethia Barrett, and her minor daughter, G.B., appeal
the district courts judgment granting the Appellees motions to
dismiss
under
Rule
12(b)(6)
of
the
Federal
Rules
of
Civil
We affirm.
Waugh Chapel
S., LLC v. United Food & Commercial Workers Union, 728 F.3d 354,
361 (4th Cir. 2013).
Inv.
Bank,
F.S.B.,
710
F.3d
551,
554
McCauley v. Home
(4th
Cir.
2013).
Id.
thereby
nudging
conceivable to plausible.
its
claims
across
the
line
from
Co., 708 F.3d 527, 543 (4th Cir. 2013) (internal quotation marks
and alterations omitted).
(4th Cir. 2009) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009)).
entitling
[them]
to
relief.
Id.
(internal
quotation
marks
Board,
1983,
is
for
purposes
of
indistinguishable
civil
from
rights
lawsuit
municipality.
Riddick v. Sch. Bd. of City of Portsmouth, 238 F.3d 518, 522 n.3
(4th
Cir.
2000).
The
employing a tortfeasor.
Board
cannot
Id. at 522.
be
liable
simply
for
As there is no respondeat
custom
of
the
municipality
caused
the
violation.
Love-
Municipal
affirmative
decisions
of
individual
policymaking
(citations omitted).
F.3d
at
522-23.
authority
to
establish
action ordered.
But
the
individual
municipal
policy
must
with
Riddick,
possess
respect
final
to
the
Id. at 523.
identify
defendants
with
had
factual
final
allegations
authority
to
that
any
establish
of
individual
municipal
policy
Assuming, arguendo, that the Appellants brought a standalone claim under 42 U.S.C. 2000d (2012), we conclude that
they failed to state a claim.
Regarding
district
court
the
found
individual
that
they
defendants,
were
entitled
while
to
the
qualified
980
F.2d
943,
952
(4th
Cir.
1992).
The
Appellants
In the
the
direct
claim
brought
under
North
Accordingly,
we
affirm.
We
dispense
with
oral