Eleventh Circuit Holds that Claim Must Be Alleged in Complaint; Discussion in Deposition Insufficient

Per Brown v. Snow, --- F.3d ----, 2006 WL 431721 (11th Cir. Feb. 24, 2006) regarding Rule 8(a):

Brown's second claim of retaliation by termination was not properly before the district court. Federal Rule of Civil Procedure 8(a) requires that a complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Brown's complaint did not allege that Brown was terminated in retaliation for his sexual harassment charges filed with the EEOC. Although Brown had not been fired when he filed his complaint, Brown never amended his complaint to include a claim of retaliation based on his termination. Brown argues that he discussed his claim of retaliation based on his termination extensively in his deposition testimony, but the discussion of a potential claim in a deposition does not satisfy the requirement of Rule 8(a). Coon v. Ga. Pac. Corp., 829 F.2d 1563, 1568 (11th Cir.1987). The district court correctly refused to address this allegation of retaliation.