Camara Baiyina Njeri Tunsill v. Commissioner of Education ( 2021 )


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  •           USCA11 Case: 20-13373      Date Filed: 07/21/2021    Page: 1 of 4
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 20-13373
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 4:19-cv-00449-MW-MAF
    CAMARA BAIYINA NJERI TUNSILL,
    Plaintiff-Appellant,
    versus
    COMMISSIONER OF EDUCATION,
    MICHAEL BRYAN,
    Defendants-Appellees.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Florida
    ________________________
    (July 21, 2021)
    Before MARTIN, BRANCH, and BRASHER, Circuit Judges.
    PER CURIAM:
    Camara Tunsill, proceeding pro se, appeals the district court’s dismissal of
    her complaint for failure to state a claim. The district court based its dismissal on
    USCA11 Case: 20-13373        Date Filed: 07/21/2021    Page: 2 of 4
    several independent grounds. Because Tunsill fails to challenge each of those
    independent grounds for dismissal on appeal, we affirm.
    We review a district court’s grant of a motion to dismiss de novo, accepting
    the factual allegations in the complaint as true and construing them in the light most
    favorable to the plaintiff. Young Apartments, Inc. v. Town of Jupiter, Fla., 
    529 F.3d 1027
    , 1037 (11th Cir. 2008). We hold pro se pleadings to a less stringent standard
    and construe them more liberally than those drafted by attorneys. Waldman v.
    Conway, 
    871 F.3d 1283
    , 1289 (11th Cir. 2017). But “a pro se pleading must still
    suggest that there is at least some factual support for a claim.” 
    Id.
     And we will deem
    abandoned any issues that a pro se litigant fails to brief on appeal. 
    Id.
    “To obtain reversal of a district court judgment that is based on multiple,
    independent grounds, an appellant must convince us that every stated ground for the
    judgment against [her] is incorrect.” Sapuppo v. Allstate Floridian Ins. Co., 
    739 F.3d 678
    , 680 (11th Cir. 2014). If a party fails to challenge any one of those independent
    grounds on appeal, she has abandoned any challenge on that ground, and “it follows
    that the judgment is due to be affirmed.” 
    Id.
    The district court concluded that Tunsill failed to plausibly allege that her due
    process rights were violated by either Bryan or Corcoran. It rested its decision on
    several independent grounds. As to Bryan, the district court held that (1) Tunsill
    failed to allege any facts showing how Bryan was involved in the events supporting
    2
    USCA11 Case: 20-13373       Date Filed: 07/21/2021   Page: 3 of 4
    her due process claim; (2) as school principal, Bryan lacked the legal authority to
    either suspend or dismiss Tunsill as an employee; (3) Tunsill did not have a protected
    interest in communicating with teachers and parents or visiting school property; (4)
    she did not request any relief from Bryan in the complaint; and (5) the evidence that
    Tunsill attached to her complaint proves that her due process claim is insufficient as
    a matter of law. As to Corcoran, the district court held that (1) he could not be held
    liable for any events occurring before he began his employment as Commissioner of
    Education, and (2) the documents attached to the complaint contradict Tunsill’s
    assertions against him because she was afforded due process when she elected to
    have a formal hearing.
    Tunsill fails to challenge many of these independent grounds for dismissal on
    appeal. As for her allegations against Bryan, Tunsill does not argue on appeal that
    (1) she alleged specific facts showing how Bryan was involved in the events
    supporting her due process claim, (2) he had the authority to suspend or dismiss her
    as an employee, or (3) she requested any relief from him in the complaint. Tunsill
    also fails to argue that Corcoran is liable for any events occurring before his
    employment as commissioner, despite her claim that she was denied due process
    before that point. In fact, she refers to Corcoran only once in her argument when
    alleging that he is a state actor under Section 1983 who participated in the
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    USCA11 Case: 20-13373       Date Filed: 07/21/2021   Page: 4 of 4
    deprivation of her due process rights. Because Tunsill failed to challenge the grounds
    of the district court’s decision, we affirm. See Sapuppo, 739 F.3d at 680.
    AFFIRMED.
    4
    

Document Info

Docket Number: 20-13373

Filed Date: 7/21/2021

Precedential Status: Non-Precedential

Modified Date: 7/21/2021