United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 18, 2007
Charles R. Fulbruge III
Clerk
No. 06-31096
Summary Calendar
ALDORA SANFORD,
Plaintiff-Appellant,
VERSUS
STATE OF LOUISIANA, DEPARTMENT OF SOCIAL SERVICES; TERRI RICKS,
Individually and in her Official Capacity as the Undersecretary.
Defendants-Appellees.
Appeal from the United States District Court
for the Middle District of Louisiana
(3:05-CV-225)
Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM*:
Aldora Sanford brought claims under Title VII, 42 U.S.C. §
1983, the Americans with Disabilities Act, the Age Discrimination
Act, and state law claims against his former employer, the
Louisiana Department of Social Services, and Terri Ricks. The
defendants filed a motion to dismiss under Rule 12(b)(6) for
failure to state a claim. Having received no response from Sanford,
the district court eventually granted the motion, but invited
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
Sanford to respond. Sanford filed a motion for a new trial under
Rule 60(b) or alternatively for reconsideration under Rule 59(e).
The court denied the motion. Because we agree with the district
court that the complaint fails to state a claim, we affirm.
This court reviews de novo the grant of a motion to dismiss
under Rule 12(b)(6). Martin K. Eby Constr. Co. v. Dallas Area Rapid
Transit, 369 F.3d 464, 467 (5th Cir. 2004) (citation omitted).
Further, “[d]ismissal is proper if the complaint lacks an
allegation regarding a required element necessary to obtain
relief.” Rios v. City of Del Rio, 444 F.3d 417, 421 (5th Cir. 2006)
(internal quotation marks omitted).
A plaintiff must assert more than general legal conclusions to
avoid dismissal. Jefferson v. Lead Indus. Ass’n, Inc., 106 F.3d
1245, 1250 (5th Cir. 1997). “[T]he complaint must contain either
direct allegations on every material point necessary to sustain a
recovery . . . or contain allegations from which an inference
fairly may be drawn that evidence on these material points will be
introduced at trial.” Campbell v. City of San Antonio, 43 F.3d 973,
975 (5th Cir. 1995) (internal quotation marks omitted).
After reviewing the briefs and relevant portions of the
record, we agree with the district court that Sanford’s complaint
is deficient. It alleges legal conclusions without alleging the
facts necessary to support them. See Jefferson, 106 F.3d at 1250.
Further, it fails to allege facts on each required element of the
various causes of action. See Rios, 444 F.3d at 421. Consequently,
we affirm.
AFFIRMED.