Coleman V. Milwaukee Board Of School Directors
Seventh Circuit U.S. Court of Appeals
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The district court dismissed this suit for want of timely service. Fed. R. Civ. P. 4(m). The plaintiff was a secretary employed by the Milwaukee Board of School Directors, a municipal agency that performs various functions for the Milwaukee public schools. Contending that the Board had discriminated against her on account of her race and retaliated against her for complaining about the discrimination, she brought this suit against the Board claiming violations of Title VII and the Thirteenth Amendment. She attempted to serve the complaint, 115 days after filing it, by leaving a copy of the complaint and summons with an employee of a subordinate unit of the Board. After the Board moved to dismiss the suit on the ground that it had not been properly served, the plaintiff left with another employee of the unit another copy of the complaint together with a summons addressed to the superintendent of the Milwaukee public schools, who has an office in the same building as the Board but is not a member of the Board or its employee, though the Board appoints and has general supervisory authority over him. See Wis. Code sec.sec. 119.32(1), (2), 36.