Sandi Jackson v. Mix , 282 F. App'x 361 ( 2008 )

File Name: 08a0327n.06
Filed: June 9, 2008
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
No. 07-6010
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
SANDI D. JACKSON, as next friend and parent
of, KEELY A. JACKSON,
Plaintiffs-Appellants,
v. ON APPEAL FROM THE
UNITED STATES DISTRICT
FRANK MIX, SUSIE YONKERS, JEANNIE COURT FOR THE MIDDLE
COLE, AMY BURKE, SHANNON ATKINSON, DISTRICT OF TENNESSEE
KIM WILSON, AMY NIX, KERI CRESS,
Defendants-Appellees.
/
Before: KENNEDY and MARTIN, Circuit Judges, and HOOD, District Judge.*
BOYCE F. MARTIN, JR., Circuit Judge. Plaintiff Sandi Jackson alleges that defendants,
individually and in concert with each other, violated her daughter Keely’s constitutional rights.
None of the factual allegations contained in her complaint, however, are linked with any specific
defendant, and the complaint fails to address how defendants’ actions were objectively unreasonable.
Citing these failures, the district court gave Jackson twenty-one days to amend her complaint under
Achterhof v. Selvaggio, 886 F.2d 826, 831 (6th Cir. 1989) (if a plaintiff fails to allege sufficient
factual allegations necessary to sustain his § 1983 action, a court must accord the plaintiff an
*
The Honorable Joseph M. Hood, Senior United States District Judge for the Eastern District
of Kentucky, sitting by designation.
No. 07-6010
Jackson v. Mix
Page 2
additional opportunity to come forward with such allegations). Instead of curing the problem,
Jackson’s second complaint simply re-alleges that “all of the defendants participated in violating her
substantive due process rights by committing several unconstitutional acts.” This is not specific
enough to sustain her claim, and the defendants are thus entitled to a dismissal of the complaint
under FED . R. CIV . P. 12(b)(6) (failure to state a claim upon which relief can be granted). We thus
AFFIRM the holding of the district court.