Douglass-Woodruff
Douglass-Woodruff v. Nevada
Opinion
Lead Opinion
MEMORANDUM *
Plaintiff Patricia Douglass-Woodruff appeals the judgment dismissing her claims under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and 42 U.S.C. § 1983 , and as well as her state law claims. The case arose out of conditions of her employment as a staff psychologist with the State of Nevada under the supervision of Defendant Marilyn J. Newell. We reverse and remand.
*759 Plaintiffs amended complaint alleged claims against the State of Nevada which the district court dismissed pursuant to the Eleventh Amendment; the dismissal of these claims is not being appealed. Her claims against Defendant Newell were dismissed sua sponte because the complaint failed to allege that she had complied with the pre-litigation requirements of 42 U.S.C. § 2000e-5(b). Plaintiff had in fact complied and had obtained a “right to sue” letter, but had simply failed to so allege in her complaint. Plaintiff was entitled to amend her complaint. When she filed a motion to reconsider instead of a motion for leave to amend, her motion was denied.
On remand, the district court should grant a timely motion to amend. “[Dismissal without leave to amend is improper unless it is…