Opinion

Getz v. Land O' Lakes / Purina

Court
District Court, M.D. Pennsylvania
Filed
Jun 30, 2023
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

HERBER GETZ,

Plaintiff, CIVIL ACTION NO. 1:22-CV-01849

v. (MEHALCHICK, M.J.)

LAND O’LAKES/PURINA,

Defendant.

MEMORANDUM

Pro se Plaintiff Herbert Getz (“Getz”) initiated this civil rights action seeking monetary

damages by filing a complaint pursuant to 28 U.S.C. § 1331 on November 21, 2022, against

Defendant Land O’Lakes/ Purina (“Defendant”). (Doc. 1). Having conducted its statutorily-

mandated screening of the complaint in accordance with 28 U.S.C. § 1915A and 28 U.S.C. §

1915(e)(2), the Court finds that the complaint fails to state a claim upon which relief may be

granted. (Doc. 1).

I. BACKGROUND AND PROCEDURAL HISTORY

On November 21, 2022, Getz filed the instant complaint and a motion to proceed in

forma pauperis.1 (Doc. 4). In the complaint, Getz asserts that he was employed by Defendant

from December 12, 2019, to June 20, 2020, when he was forced to resign. (Doc. 1, ¶¶ 6-7).

Getz explains that on March 17, 2020, he filed a complaint of discrimination against

Defendant with the Pennsylvania Human Relations Commission alleging that Defendant

subjected Getz to discriminatory practices “based on his . . . race, sexual orientation, and

violations of his rights under HIPPA” during his employment. (Doc. 1, ¶ 9). Getz claims that

1 The Court will address Getz’s motion to proceed in forma pauperis in a separate Order.

(Doc. 4).

he has suffered severe financial, physical, and emotional hardship as a direct result of his

treatment at Defendant. (Doc. 1, at 5). Getz asserts claims under Title VII of the Civil Rights

Act of 1964 and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)

against Defendant. (Doc. 1, ¶¶ 12, 17). Getz also alleges Defendant violated his rights under

the Fifth Amendment and raises supplemental claims of conspiracy and intentional infliction

of emotional distress (“IIED”). (Doc. 1, ¶¶ 7, 17, 19-21). For relief, Getz seeks an award of

monetary damages. (Doc. 1, at 7).

II. LEGAL STANDARD

Under 28 U.S.C. § 1915A, the Court is obligated, prior to service of process, to screen

a civil amended complaint in which a prisoner seeks redress from a governmental entity or

officer or employee of a governmental entity. 28 U.S.C. § 1915A(a); James v. Pa. Dep’t of Corr.,

230 Fed. App’x 195, 197 (3d Cir. 2007) (not precedential). The Court must dismiss the

amended complaint if it fails to state a claim upon which relief can be granted. 28 U.S.C. §

1915A(b)(1); Mitchell v. Dodrill, 696 F. Supp. 2d 454, 471 (M.D. Pa. 2010). The Court has a

similar obligation with respect to actions brought in forma pauperis. See 28 U.S.C. § 1915(e)(2).

In this case, because Hunter is a prisoner suing a governmental employee and brings his suit

in forma pauperis, both provisions apply. In performing this mandatory screening function, a

district court applies the same standard applied to motions to dismiss under Rule 12(b)(6) of

the Federal Rules of Civil Procedure. Mitchell, 696 F. Supp. 2d at 471; Banks v. Cty. of Allegheny,

568 F. Supp. 2d 579, 588 (W.D. Pa. 2008).

Rule 12(b)(6) of the Federal Rules of Civil Procedure authorizes a defendant to move

to dismiss for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P.

12(b)(6). To assess the sufficiency of a complaint on a Rule 12(b)(6) motion, a court must first

take note of the elements a plaintiff must plead to state a claim, then identify mere conclusions

which are not entitled to the assumption of truth, and finally determine whether the

complaint’s factual allegations, taken as true, could plausibly satisfy the elements of the legal

claim. Burtch v. Milberg Factors, Inc., 662 F.3d 212, 221 (3d Cir. 2011). In deciding a Rule

12(b)(6) motion, the court may consider the facts alleged on the face of the amended

complaint, as well as “documents incorporated into the complaint by reference, and matters

of which a court may take judicial notice.” Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S.

308, 322 (2007).

After recognizing the required elements which make up the legal claim, a court should

“begin by identifying pleadings that, because they are no more than conclusions, are not

entitled to the assumption of truth.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). The plaintiff

must provide some factual ground for relief, which “requires more than labels and

conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell

Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). “[T]hreadbare recitals of the elements of

a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S.

at 678. Thus, courts “need not credit a complaint’s ‘bald assertions’ or ‘legal

conclusions’ . . . .” Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir. 1997) (quoting

In re Burlington Coat Factory Securities Litigation, 114 F.3d 1410, 1429-30 (3d Cir. 1997)). Nor

need the court assume that a plaintiff can prove facts that the plaintiff has not alleged.

Associated Gen. Contractors of Cal. v. California State Council of Carpenters, 459 U.S. 519, 526

(1983).

A court must then determine whether the well-pleaded factual allegations give rise to

a plausible claim for relief. “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.” Palakovic v. Wetzel, 854 F.3d 209, 219-20 (3d Cir. 2017) (quoting

Iqbal, 556 U.S. at 678) (internal quotation marks omitted); see also Sheridan v. NGK Metals

Corp., 609 F.3d 239, 262 n.27 (3d Cir. 2010). The court must accept as true all allegations in

the amended complaint, and any reasonable inferences that can be drawn therefrom are to be

construed in the light most favorable to the plaintiff. Jordan v. Fox, Rothschild, O’Brien &

Frankel, 20 F.3d 1250, 1261 (3d Cir. 1994). This “presumption of truth attaches only to those

allegations for which there is sufficient factual matter to render them plausible on their face.”

Schuchardt v. President of the United States, 839 F.3d 336, 347 (3d Cir. 2016) (internal quotation

and citation omitted). The plausibility determination is context-specific and does not impose

a heightened pleading requirement. Schuchardt, 839 F.3d at 347.

Additionally, Federal Rule of Civil Procedure 8(a)(2) requires “a short and plain

statement of the claim showing that the pleader is entitled to relief.” Thus, a well-pleaded

complaint must recite factual allegations sufficient to raise the plaintiff’s claimed right to relief

beyond the level of mere speculation, set forth in a “short and plain” statement of a cause of

action. There is no requirement that the pleading be specific or probable. Schuchardt, 839 F.3d

at 347 (citing Phillips v. County of Allegheny, 515 F.3d at 224, 233-234 (3d Cir. 2008). Rule 8(a)

requires a “showing that ‘the pleader is entitled to relief, in order to give the defendant fair

notice of what the . . . claim is and the grounds upon which it rests.’” Erickson v. Pardus, 551

U.S. 89, 93-94 (2007) (quoting Fed. R. Civ. P. 8(a)(2)); see also Phillips, 515 F.3d at 233 (citing

Iqbal, 550 U.S. at 545).

With the aforementioned standards in mind, a document filed pro se is “to be liberally

construed.” Estelle v. Gamble, 429 U.S. 97, 106 (1976). A pro se complaint, “however inartfully

pleaded,” must be held to “less stringent standards than formal pleadings drafted by lawyers”

and can only be dismissed for failure to state a claim if it appears beyond doubt that the

plaintiff can prove no set of facts in support of his claim which would entitle him to relief.

Haines v. Kerner, 404 U.S. 519, 520–21 (1972). Further, the Third Circuit has instructed that if

a complaint is vulnerable to dismissal for failure to state a claim, the district court must permit

a curative amendment, unless an amendment would be inequitable or futile. Grayson v.

Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).

III. DISCUSSION

A. FEDERAL LAW CLAIMS

Upon review of Getz’s complaint, the Court finds that Getz’s complaint should be

dismissed for the failure to state a claim as defined under Rule 8(a) of the Federal Rules of

Civil Procedure. Pursuant to Fed. R. Civ. P. 8(a)(2), a complaint must contain “a short and

plain statement of the claim showing that the pleader is entitled to relief.” “Each allegation

must be simple, concise, and direct.” Fed. R. Civ. P. 8(d)(1); Scibelli v. Lebanon Cty., 219 F.

App’x 221, 222 (3d Cir. 2007). Dismissal under Rule 8 is also proper where a complaint

“le[aves] the defendants having to guess what of the many things discussed constituted [a

cause of action].” Binsack v. Lackawanna County Prison, 438 F. App’x 158, 160 (3d Cir. 2011).

First, to the extent that Getz attempts to raise a claim under Title VII of the Civil

Rights of 1964, Getz fails to set forth plausible claims. (Doc. 1). To establish a prima facie case

of race discrimination under Title VII, a plaintiff must allege that: (1) he is a member of a

protected class; (2) he was qualified for the position in question; (3) he suffered an adverse

employment action; and (4) that adverse employment action gives rise to an inference of

unlawful discrimination. Jones v. Sch. Dist. of Phila., 198 F.3d 403, 410-11 (3d Cir. 1999).

Although a plaintiff need not establish a prima facie case to survive dismissal for failure to state

a claim, he still must “put forth allegations that raise a reasonable expectation that discovery

will reveal evidence of the necessary element.” Fowler v. UPMC Shadyside, 578 F.3d 203, 213

(3d Cir. 2009).

Here, although Getz has adequately alleged that he belongs to a protected class and

was forced to resign from his employment with Defendant, Getz’s pleading does not

demonstrate that he was subject to circumstances that may give rise to an inference of

unlawful discrimination. (Doc. 1, ¶¶ 4-7). Getz does not (1) allege that a “similarly situated

employees who . . . were not members of the same protected class . . . were treated more

favorably under similar circumstances,” or (2) allege facts that “otherwise show[ ] a causal

nexus between [the employee’s] membership in a protected class and the adverse employment

action.” Drummer v. Trustees of Univ. of Pennsylvania, 286 F.Supp.3d 674, 681 (E.D. Pa. 2017)

(citing Greene v. Virgin Islands Water & Power Authority, 557 F. App’x 189, 195 (3d Cir. 2014));

Sarullo v. U.S. Postal Service, 352 F.3d 789, 797 n.7 (3d Cir. 2003); Ally v. Chipotle Mexican Grill,

No. 1:18-CV-02342, 2020 WL 7775455, at *4 (M.D. Pa. Dec. 2, 2020), report and

recommendation adopted, No. 1:18-CV-2342, 2020 WL 7773757 (M.D. Pa. Dec. 30, 2020)

(dismissing pro se plaintiff’s Title VII claim where plaintiff failed to allege any circumstances

giving rise to an inference of discrimination).

To the extent that Getz’s complaint can be construed as asserting a claim for hostile

work environment on the basis of race under Title VII, Getz similarly fails to set forth a

plausible cause of action. To succeed, Getz was required to show that: (1) he suffered

intentional discrimination because of his race; (2) the discrimination was severe or pervasive;

(3) the discrimination detrimentally affected him; (4) the discrimination would have

detrimentally affected a reasonable person of the same race in his position and (5) there is a

basis for employer liability. Aman v. Cort Furniture Rental Corp., 85 F.3d 1074, 1081 (3d Cir.

1996); Leftwich v. Sec’y United States Dep’t of the Treasury, 741 F. App’x 879, 882 (3d Cir. 2018).

Getz asserts that “[d]uring his tenure with [Land O’Lakes], Mr. Getz was subjected to and

witnessed numerous incidents of discrimination based on his and other employees’ race,

sexual orientation . . . .” (Doc. 1, ¶ 12). Getz contends that “[b]y participating in acts which

intentionally harmed Mr. Getz, the defendant acted unethically and with bias which is clearly

proven based on their sole course of action to deprive Mr. Getz of his rights, and to cause him

extreme distress and financial loss to him and his immediate family.” (Doc. 1, ¶ 19). Even

when liberally interpreted as asserting a hostile work environment claim, Getz’s undeveloped

and conclusory allegations are insufficient under the federal pleading standards. Ally, 2020

WL 7775455, at *4. Accordingly, Getz’s complaint fails to state a claim under Title VII for

race discrimination or race harassment.

Furthermore, Getz alleges in a conclusory manner an invasion of his privacy in

violation of HIPPA. (Doc. 1, ¶¶ 12, 18). Specifically, Getz merely asserts that “[d]uring his

tenure with [Land O’Lakes], Mr. Getz was subjected to . . . violations of his rights under

HIPPA law as it refers to an undisclosed medical condition,” and “[u]ndisclosed medical

condition breach of privacy violates HIPPA law protections.” (Doc. 1, ¶¶ 12, 18). However,

these assertions fail because HIPPA does not provide a private right of action. Broadnax v. City

of Philadelphia, No. 23-CV-1533, 2023 WL 3097218, at *2 (E.D. Pa. Apr. 26, 2023)

(concluding that there is no federal private right of action under HIPPA); Dominic J. v.

Wyoming Valley West High Sch., 362 F. Supp. 2d 560, 573 (M.D. Pa. 2005). Accordingly,

Getz’s HIPPA claims against Defendant are dismissed.

Additionally, the Court finds that Getz has not plausibly pled a violation of his Fifth

Amendment due process rights. Here, Getz alleges that the “conduct of the defendants to

participate in a conspiracy to deprive Mr. Getz. of finances related to his employment, as well

as his right to be heard is violation of his rights to due process under the 5th Amendment.”

(Doc. 1, ¶ 17). However, Section 1983 does not create substantive rights but instead provides

remedies for rights established elsewhere. City of Okla. City v. Tuttle, 471 U.S. 808, 816 (1985).

To state a § 1983 claim, a plaintiff must demonstrate that the defendants, acting under color

of state law, deprived the plaintiff of a right secured by the Constitution or laws of the United

States. Kach v. Hose, 589 F.3d 626, 646 (3d Cir.2009). To show that a defendant acted under

color of state law, the plaintiff must establish that the defendant is a “state actor” under the

Fourteenth Amendment. Benn v. Universal Health Systems, Inc., 371 F.3d 165, 169 n. 1 (3d Cir.

2004). Further, “the due process clause under the Fifth Amendment only protects against

federal governmental action.” Caldwell v. Beard, 324 F. App’x 186, 189 (3d Cir. 2009) (citing

Riley v. Camp, 130 F.3d 958, 972 n. 19 (11th Cir. 1997)); Thomas v. Penn Waste, Inc., No. 1:13-

CV-2290, 2013 WL 5522840, at *7 (M.D. Pa. Oct. 3, 2013) (“Insofar as Plaintiff states that

Defendant is taking his property in violation of his Fifth Amendment due process rights, he

has no Fifth Amendment claim since there is no alleged involvement by a federal actor.”);

Hammond v. City of Wilkes-Barre, No. 3:09-CV-2310, 2012 WL 3542277, at *4 (M.D. Pa. Aug.

14, 2012) (dismissing Fifth Amendment due process claim against state actors, as “it only

applies to federal actors.”). Here, Defendant is alleged to be Getz’s previous employer, not a

federal actor. (Doc. 1, at 1). There is nothing in the complaint to indicate that Defendant is a

federal actor. Accordingly, Getz’s Fifth Amendment due process claim is not cognizable

against Defendant and is dismissed.

Overall, notwithstanding the Court’s liberal construction of the complaint as is

necessary for pro se litigants, the instant complaint does not meet the pleading requirements

of Rule 8. Getz fails to explain how Defendant discriminated against him or violated any

protected constitutional rights. The Court is left to “guess what of the many things discussed

constituted [a specific cause of action against Defendant].” Binsack, 438 F. App’x at 160.

Further, the complaint does not provide any meaningful opportunity for Defendant to

decipher or answer the allegations levied against him. See Twombly, 550 U.S. at 555.

B. STATE LAW CLAIMS

Because the complaint fails to allege any cognizable federal claims, the Court will not

exercise supplemental jurisdiction over Getz’s state law claims. Accordingly, the only

independent basis for jurisdiction over any such claims is 28 U.S.C. § 1332(a), which grants

a district court jurisdiction over a case in which “the matter in controversy exceeds the sum

or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different

States.” Section 1332(a) requires “‘complete diversity between all plaintiffs and all

defendants,’ even though only minimal diversity is constitutionally required. This means that,

unless there is some other basis for jurisdiction, ‘no plaintiff [may] be a citizen of the same

state as any defendant.’” Lincoln Ben. Life Co. v. AEI Life, LLC, 800 F.3d 99, 104 (3d Cir. 2015)

(quoting Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005) and Zambelli Fireworks Mfg. Co. v.

Wood, 592 F.3d 412, 419 (3d Cir. 2010) (internal footnotes omitted)). As Getz asserts that

both he and Land O’Lakes are located in Pennsylvania, there is no complete diversity of

citizenship. (Doc. 1, ¶¶ 1-2). Accordingly, the state law claims will be dismissed for lack of

jurisdiction.

C. LEAVE TO AMEND

The Court recognizes that pro se plaintiffs often should be afforded an opportunity to

amend a complaint before the complaint is dismissed with prejudice, unless granting further

leave to amend would be futile or result in undue delay. Alston v. Parker, 363 F.3d 229, 235-

36 (3d Cir. 2004); see Fletcher–Harlee Corp. v. Pote Concrete Contractors, Inc., 482 F.3d 247, 253

(3d Cir. 2007). As the complaint in its current form does not clearly set forth any claims

against Defendant, dismissal is warranted. However, so as to preserve Getz’s right as a pro se

litigant, the Court will allow him to file an amended complaint with respect to all other claims,

setting forth his factual allegations and legal claims in a manner that can be reviewed by the

Court and, if necessary, answered by Defendants.

Getz is advised that the amended complaint must be a pleading that stands by itself

without reference to the original complaint. Young v. Keohane, 809 F. Supp. 1185, 1198

(M.D. Pa. 1992) (emphasis added). The complaint must also establish the existence of specific

actions taken by Defendants which have resulted in identifiable constitutional violations.

Further, Getz is cautioned that he must comply with Rule 8 of the Federal Rules of Civil

Procedure and establish at least a modicum of factual specificity regarding the claims he

intends to assert and the factual grounds upon which they rest. The amended complaint

should also be limited to those claims that arise out of the same transaction or occurrence or

series of transactions or occurrences as averred in the original complaint. Failure to file an

amended complaint in accordance with the aforementioned requirements will result in the

dismissal of this action in its entirety.

IV. CONCLUSION

Based on the foregoing reasons, the complaint is DISMISSED pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(ii) and § 1915A(b)(1). (Doc. 1). Getz is GRANTED leave to file an amended

complaint within 28 days from the date of the Order filed concurrently with this

Memorandum Opinion, on or before Friday, July 28, 2023.

An appropriate Order follows.

BY THE COURT:

Dated: June 30, 2023 s/ Karoline Mehalchick

KAROLINE MEHALCHICK

Chief United States Magistrate 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.