Surtain v. Hamlin Terrace Found., No. 14-12752 (11th Cir. 2015)
Annotate this CasePlaintiff filed suit alleging that her former employer, Hamlin, discriminated against her on the basis of race and disability, and that Hamlin interfered with, or retaliated against her for exercising her right to take medical leave. The district court denied plaintiff's motion for a default judgment and sua sponte dismissed with prejudice her second amended complaint. The court concluded that the district court evaluated plaintiff’s race- and disability discrimination claims under the wrong standard, but that even under the right standard, her complaint plainly fails to make out a claim of disability discrimination; and the district court improperly dismissed the interference portion of her Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601 et seq., claim without giving her notice and an opportunity to respond, though it properly dismissed the retaliation portion of this claim. Accordingly, the court affirmed in part, vacated in part, and remanded in part.
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