stating that federal courts are not required to “assume facts that are not alleged, just because an additional factual allegation would have formed a stronger complaint”
How later courts described this case
- stating that federal courts are not required to “assume facts that are not alleged, just because an additional factual allegation would have formed a stronger complaint”
- stating that court must accept factual allegations in complaint as true, but is not required to “accept as true any legal conclusion couched as a factual allegation”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
RENO JONES, )
Plaintiff,
V. No. 1:21-CV-167 SNLJ
GORDANVILLE GRILL,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on review of plaintiffs motion for leave to commence
this employment discrimination action without payment of the required filing fee. ECF No. 2.
Having reviewed the application and financial information provided, the Court has determined to
grant the motion. See 28 U.S.C. § 1915. Additionally, for the reasons discussed below, the Court
will direct plaintiff to file an amended complaint.
Legal Standard on Initial Review
Under 28 U.S.C. § 1915(e)(2), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. To
state a claim under 42 U.S.C. § 1983, a plaintiff must demonstrate a plausible claim for relief,
which is more than a “mere possibility of misconduct.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009).
“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable for the misconduct alleged.” Jd. at 678.
Determining whether a complaint states a plausible claim for relief is a context-specific task that
requires the reviewing court to draw upon judicial experience and common sense. /d. at 679. The
court must “accept as true the facts alleged, but not legal conclusions or threadbare recitals of the
elements of a cause of action, supported by mere conclusory statements.” Barton v. Taber, 820
F.3d 958, 964 (8th Cir. 2016). See also Brown v. Green Tree Servicing LLC, 820 F.3d 371, 372-
73 (8th Cir. 2016) (stating that court must accept factual allegations in complaint as true, but is not
required to “accept as true any legal conclusion couched as a factual allegation”).
When reviewing a self-represented plaintiffs complaint under § 1915(e)(2), the Court must
give it the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520 (1972). A “liberal
construction” means that if the essence of an allegation is discernible, the district court should
construe the plaintiff's complaint in a way that permits his or her claim to be considered within
the proper legal framework. Solomon v. Petray, 795 F.3d 777, 787 (8th Cir. 2015). However, even
self-represented complaints are required to allege facts which, if true, state a claim for relief as a
matter of law. Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th Cir. 1980). See also Stone v. Harry,
364 F.3d 912, 914-15 (8th Cir. 2004) (stating that federal courts are not required to “assume facts
that are not alleged, just because an additional factual allegation would have formed a stronger
complaint”). In addition, affording a self-represented complaint the benefit ofa liberal construction
does not mean that procedural rules in ordinary civil litigation must be interpreted so as to excuse
mistakes by those who proceed without counsel. See McNeil v. United States, 508 U.S. 106, 113
(1993).
The Complaint
Plaintiff initiated this action on November 16, 2021 by filing an employment
discrimination complaint against defendant Gordanville Grill. ECF No. 1. The complaint is on a
Court-provided form. Plaintiff checked the boxes indicating he is bringing his lawsuit pursuant to
Title VU of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq., for employment
discrimination on the basis of race. In the section designated to specify the alleged discriminatory
conduct, plaintiff checked the boxes for termination of his employment, terms and conditions
differed from those of similar employees, and harassment. Attached to his complaint is the charge
of discrimination he filed with the Equal Opportunity Commission (“EEOC”) and Notice of Right-
to-Sue Letter. ECF No. 1-3.
Within the section of the form complaint provided for plaintiff to state the facts of his
claim, plaintiff alleges the following in its entirety:
Tyler Kemp he was always the problem. | put up with certain stuff but he cross[ed]
the line when he said suck my dick. | told the manger [sic] and boss about it and
didn’t nuthin [sic] happen about it. So like a month later had wife call in for me and
told manger [sic] I was in jail and he told her to have me call when I’m out. Also
Louis Lawercence was calling me color boy.
ECF No. | at 5-6. Plaintiff left blank the section of the form complaint designated to state his
request for relief.
Discussion
The instant employment discrimination complaint is subject to dismissal because plaintiff
has failed to submit a clear statement of the claim describing how he suffered employment
discrimination on the basis of his race. In consideration of plaintiffs self-represented status, the
Court will give him the opportunity to file an amended complaint.
If plaintiff wishes to assert a race discrimination claim under Title VII, he must clearly
state his race and then carefully describe the adverse employment action he believes was taken
and why it amounted to race discrimination. It is not enough to simply check boxes indicating
employment discrimination on the basis of race. To establish a prima facie case of Title VII
discrimination, a plaintiff must show: (1) he is a member of a protected class; (2) was meeting his
employer’s legitimate job expectations; (3) suffered an adverse employment action; and (4) was
treated differently than similarly situated employees who were not members of his protected class.
Jackman v. Fifth Judicial Dist. Dep’t of Corr. Servs., 728 F.3d 800, 804 (8th Cir. 2013) (citation
omitted). The claims he asserts in his amended complaint must be like or reasonably related to the
claims outlined in his charge, or they will be subject to dismissal for failure to exhaust
administrative remedies. See Duncan y. Delta Consolidated Indus., Inc., 371 F.3d 1020, 1024 (8th
Cir. 2004).
Although plaintiff appropriately attached his charge of discrimination and right-to-sue
letter to his initial pleadings, he must re-attach these documents to his amended complaint because
the amended complaint will replace the original complaint. F.g., In re Wireless Telephone Federal
Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). Plaintiff must comply with the
Federal Rules of Civil Procedure, including Rules 8 and 10. Rule 8 requires plaintiff to set forth a
short and plain statement of the claim showing entitlement to relief, and it also requires that each
averment be simple, concise, and direct. Rule 10 requires plaintiff to state his factual allegations
in separately numbered paragraphs, each limited as far as practicable to a single set of
circumstances. Plaintiff should clearly articulate his race and articulate the adverse action(s) he
believes were taken against him as a result of the discriminatory conduct he received. Plaintiff s
amended complaint must be on a Court form, which will be provided to him. Plaintiff must also
complete the entire form complaint, including the specific relief he seeks from the Court in this
action.
The Clerk of Court will be directed to provide plaintiff with an employment discrimination
complaint form. Plaintiff will be given thirty days to file an amended complaint along with the
required documents. Upon receipt of the amended complaint, the Court will review it pursuant
to 28 U.S.C. § 1915(e).
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis
[ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court shall provide to plaintiff, along with
a copy of this Memorandum and Order, a Court form Employment Discrimination Complaint.
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint, in
accordance with the instructions set forth above, no later than thirty (30) days from the date of
this Memorandum and Order. Plaintiff must re-attach copies of his EEOC right-to-sue letter and
charge of discrimination with his amended complaint.
IT IS FURTHER ORDERED that if plaintiff fails to timely file an amended complaint
or fails to comply with the instructions set forth above relating to the filing of the amended
complaint, the Court shall dismiss this action without prejudice.
Dated this LST day of December, 2021.
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STEPHEN N. LIMBAUGH, JR>
SENIOR UNITED STATES DISTRICT JUDGE