Opinion

Jones v. Gordonville Grill

Court
District Court, E.D. Missouri
Filed
Jan 19, 2022
Cited by
0 cases
Authority
More cited than 24.2%

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

GORDONVILLE GRILL,

Defendant.

MEMORANDUM AND ORDER

This matter is before the Court upon review of plaintiff Reno Jones’s amended complaint.

ECF No. 4. For the reasons explained below, the Court will allow this case to proceed against the

defendant.

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, 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.” /d. 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.

aint requested leave to proceed in forma pauperis, and the Court granted the request on December 1, 2021. ECF

os. 2, 3.

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 pro se 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 pro se

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 pro se complaint the benefit of a 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 his former employer, defendant Gordonville Grill. ECF No. 1.

The complaint was on a Court-provided form, and plaintiff checked the boxes indicating he was

bringing his lawsuit pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§§ 2000e, ef seg. (“Title VII’), for employment discrimination on the basis of race. Plaintiff

specified the discriminatory conduct as termination of his employment, terms and conditions

differed from those of similar employees, and harassment. Attached to his complaint was the

charge of discrimination he filed with the Equal Opportunity Commission (“EEOC”) and Notice

of Right-to-Sue Letter. ECF No. 1-3. Within his charge of discrimination, Plaintiff alleged

discrimination based on race, sex, and retaliation.

On December 1, 2021, the Court reviewed plaintiff's complaint pursuant to 28 U.S.C.

§ 1915, and determined it was subject to dismissal because he 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 gave him the opportunity to file an

amended complaint.

Discussion

Plaintiff filed an amended complaint on December 20, 2021, ECF No. 4, and refiled his

Notice of Right-to-Sue Letter, ECF No. 6. Plaintiff specifies he is bringing this action pursuant to

Title VII for employment discrimination on the basis of race and gender. Plaintiff describes the

discriminatory conduct as termination of his employment, terms and conditions differed from those

of similar employees, retaliation, and harassment.

In the section designated to assert his statement of claim, plaintiff indicates he is an

“African American Black male” who was employed by defendant Gordonville Grill for four years

until he was terminated in March of 2020. Plaintiff states he was meeting his employer’s

expectations and was never written up or reprimanded. Plaintiff alleges his supervisors, Tyler

Kemp and Louis Lawrence, used abusive language towards him. For example, Kemp told plaintiff

to “suck [his] dick,” and Lawrence called plaintiff “color boy” and made “unwanted

hom[o]sex[ua]l comments.” Plaintiff asserts he “was fired for no call no show even tho[ugh] [he]

called.” Plaintiff states that “other white employees with the same job title w[Jere not fired for no

call no show.” For relief, plaintiff seeks $30,000 in lost wages and $15,000 for emotional distress.

The allegations in plaintiff's complaint for race and gender discrimination were similarly

addressed in his charge of discrimination. See ECF No. 1-3 at 1. The EEOC Notice of Right-to-

Sue Letter is dated October 20, 2021, giving him ninety (90) days in which to file a lawsuit under

federal law. See ECF No. 1-3 at 7-8; ECF No. 6. Plaintiff filed this action on November 16, 2021.

It therefore appears that plaintiff's lawsuit is timely, and he has exhausted his administrative

remedies. The Court will, therefore, allow this case to proceed against defendant Gordonville Grill.

Accordingly,

IT IS HEREBY ORDERED that the Clerk of Court is directed to issue process or cause

process to issue upon the amended complaint as to defendant Gordonville Grill at 829 State

Highway Z, Cape Girardeau, Missouri 63701.

Dated this (FF day of January, 2022.

SENIOR UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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