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Campbell et al. v. Cirrus Education, Inc., et al.

Court affirms dismissal of wrongful termination claims by former employees of a charter school on grounds of sovereign immunity and late filing

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Miller, Presiding Judge. This appeal involves a dispute between two teachers, Susan Campbell and Ginger Snow, and their former charter school employer, Cirrus Education, Inc.[1] and its superintendent and chief executive officer, Ashanti Johnson. Campbell and Snow appeal from the trial court’s order granting Cirrus Education’s and Johnson’s (collectively “Cirrus”) motion to dismiss, arguing that (1) the trial court did not conduct the proper inquiry and assumed facts outside of the complaint in ruling on the motion to dismiss; (2) the trial court erred in its determination that Cirrus was entitled to sovereign immunity; (3) the trial court erred in its determination that Johnson was entitled to official immunity; and (4) the trial court erred in dismissing their whistleblower claim on the grounds that they failed to act with diligence in serving their complaint. We conclude that the trial court conducted the proper inquiry and did not assume facts outside of the complaint in ruling on the motion to dismiss, that Cirrus was entitled to sovereign immunity, that Johnson was entitled to official immunity, and that the appellants’ whistleblower claim was properly dismissed because they failed to act with diligence in serving their complaint. Accordingly, we affirm the trial court’s order granting the motion to dismiss. At the outset, we note that on appeal, this Court conducts a de novo review of a trial court’s ruling on a motion to dismiss. In doing so, our role is to determine whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, and with all doubts resolved in the plaintiff’s favor, disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts; however we need not adopt a party’s legal conclusions based on these facts.

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