Federal judge allows lawsuit against Michelle Rhee, broadens to concealment and fraud claims

[Jim Lane]

2. Alas, a denial of a motion to dismiss is NOT a very big deal.

The judge is required to assume (for purposes of this motion only) that all of the plaintiff's allegations as to matters of fact are true. The decision "against" Rhee doesn't mean that the judge has found that there's any merit to the charges against her -- only that, if all the charges are true, then Brewer may be entitled to relief.

On the other hand, it does mean that discovery can go forward. Rhee will probably be compelled to give pretrial testimony under oath. What may be more to the point is that the plaintiff will be able to get the relevant documents from the school system and will be able to compel testimony from some lower-ranking officials. A flunky who carried out Rhee's orders may be unwilling to risk a perjury rap just to protect her.