Opinion

Hamlet v. Shelby County Sheriff's Office

Court
District Court, W.D. Tennessee
Filed
Feb 7, 2025
Cited by
0 cases
Authority
More cited than 34.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

LOUIS HAMLET,

Plaintiff,

v. Case 2:24-cv-02250-SHL-cg

SHELBY COUNTY SHERIFF’S OFFICE,

Defendant.

REPORT AND RECOMMENDATION ON

DEFENDANT’S MOTION TO DISMISS

_____________________________________________________________________________

Before the Court is Defendant Shelby County Sheriff’s Office’s (“Defendant” or “SCSO”)

Motion to Dismiss filed pursuant to Rules 4, 12(b)(4), 12(b)(6), and 12(f) of the Federal Rules of

Civil Procedure. (Docket Entry (“D.E.”) # 12). Pursuant to Administrative Order 2013-05, the

instant motion has been referred to the United States Magistrate Judge for Report and

Recommendation. For the reasons set forth herein, it is RECOMMENDED that Defendant’s

Motion to Dismiss be GRANTED without prejudice pursuant to Rule 12(b)(6) for failure to state

a claim upon which relief may be granted.

I. Introduction

a. Plaintiff’s Complaint

On April 18, 2024, Plaintiff Louis Hamlet filed a pro se Complaint alleging violations of

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (D.E. #1). Specifically,

Plaintiff alleges that Defendant discriminated against him on the basis of gender/sex (male) and

that the discriminatory acts occurred on July 22, 2021. (Compl. ¶ 6 & 7). Plaintiff does not allege

retaliation in this portion of the Complaint form. (Id. ¶ 10). In Paragraph 10 of the pro se

Complaint form, Plaintiff is asked to set forth the facts of his case and notes that the plaintiff may

attach additional sheets as necessary. (Id. ¶ 10). Plaintiff wrote, “Please see document gender

discrimination, Case # 490-2021-01947.” (Id.)

Plaintiff’s first addendum is entitled “Gender Discrimination Case # 490-2021-01947

Facts.” (Id. at PageID 7-8). Plaintiff alleges that he was “subjected to unjust failed inspection for

grooming” in July of 2021 because he wore his hair in braids. (Id. at PageID 7). Plaintiff alleges

that female officers are permitted to wear their hair in braids but that male officers are not allowed

to do so. (Id.) Plaintiff alleges that this failed inspection made him ineligible for promotion and

prohibited him from working in specialized units. (Id.)

Plaintiff alleges that he filed a hostile work environment complaint with SCSO Human

Resources and with the Shelby County Government’s Equal Opportunity Complaint. (Id.) He

alleges that both refused to investigate his complaints. (Id.) Plaintiff alleges that he then filed a

Complaint with the Equal Employment Opportunity Commission (“EEOC”) and that, afterwards,

he received constant retaliatory harassment from officers and supervisors. (Id.) As one example,

Plaintiff alleges that SCSO Chief Claud Robinson told Plaintiff that he might be fired if he

“pull[ed] a stunt” like braiding his hair again. (Id.)

Plaintiff alleges that, on April 15, 2023, he again filed a hostile work environment claim

against Sergeant James Raddatz with SCSO’s Human Resources. (Id.) Plaintiff’s Complaint does

not detail his claims against Sergeant Raddatz. (Id.) Plaintiff alleges that, following that

complaint, and with knowledge of the pending EEOC complaint, he received a write-up with a

three-day suspension without pay. (Id.) Plaintiff alleges that, on that same day, Sergeant Raddatz

threatened him that he would “get days off and taken off the overtime detail permanently.” (Id.)

Plaintiff alleges that these incidents also made him ineligible for promotion and unable to move to

another division in the department. (Id.) Plaintiff alleges that he filed an EEOC complaint against

the Shelby County Government, Equal Opportunity Compliance, in May of 2023 for failure to

investigate his complaint against Sergeant Raddatz. (Id.)

Plaintiff alleges that, in August of 2023, SCSO assigned Sergeant Raddatz the duty of

scheduling overtime. (Id. at PageID 8). Plaintiff alleges that Sergeant Raddatz removed him from

the prison ward and jail transport detail that he had been working six days per week for a six-

month period. (Id.) Plaintiff estimates that he lost $70,000 in overtime pay as a result of his

removal from this detail. (Id.)

Plaintiff alleges that, in February of 2024, he filed an amended complaint of retaliation

against Sergeant Raddatz and SCSO. (Id.) Plaintiff alleges that he has been retaliated against

following this amended charge, including officers and supervisors telling him that Sergeant

Raddatz “has to watch what he says to you because you have a lawsuit against him.” (Id.) Plaintiff

alleges that these comments demonstrate that the management is discussing his claims with

everyone in the department. (Id.)

Plaintiff’s Complaint then contains a number of exhibits filed as part of the same document.

(See PageID 9 – PageID 63). Certain documents purport to demonstrate that he exhausted his

administrative remedies. (See PageID 9 – PageID 15). The remaining documents are extensive

evidence Plaintiff suggests supports his Complaint, including memoranda, emails, and

photographs. (See PageID 16 (summary of evidence) & PageID 17 – PageID 63).

2. Defendant’s Motion to Dismiss

On May 10, 2024, Defendant filed its Motion to Dismiss. Defendant argues that Plaintiff’s

Complaint fails to state a claim for gender/sex discrimination and retaliation and fails to state a

claim against the proper defendant such that his Complaint should be dismissed pursuant to Rule

12(b)(6) of the Federal Rules of Civil Procedure. Defendant alleges that the attachments to his

Complaint should be stricken pursuant to Rule 12(f) of the Federal Rules of Civil Procedure as

redundant and/or immaterial. Finally, Defendant alleges that Plaintiff has failed to properly serve

it because, while service was effectuated, the Complaint itself (but not the attachments thereto)

was missing. Thus, Defendant argues that service was defective pursuant to Rule 4(c)(1) of the

Federal Rules of Civil Procedure and that the case should be dismissed pursuant to Rule 12(b)(4)

of the Federal Rules of Civil Procedure.

Local Rule 12.1 provides that a “party opposing a motion to dismiss must file a response

within 28 days after the motion is served.” Plaintiff failed to do so. Accordingly, the Court issued

an Order to Show Cause on July 8, 2024 directing Plaintiff to respond “as to why the Court should

not consider the Motion on the record before it and file a Report and Recommendation

recommending that the District Court enter an Order granting the Motion.” (D.E. #14).

On July 19, 2024, Plaintiff filed his Response to the Order to Show Cause. (D.E. #15).

Plaintiff’s Response does not substantively address the issues presented in Defendant’s Motion to

Dismiss.

II. Legal Standard

Rule 12(b)(6) of the Federal Rules of Civil Procedure provides that a claim may be

dismissed for failure to state a claim upon which relief may be granted. Fed. R. Civ. P. 12(b)(6).

In addressing a motion to dismiss under Rule 12(b)(6), the court must construe the complaint in

the light most favorable to plaintiff and accept all well-pled factual allegations as true. League of

United Latin Am. Citizens v. Bredesen, 500 F.3d 523, 527 (6th Cir. 2007). A plaintiff can support

a claim “by showing any set of facts consistent with the allegations in the complaint.” Bell Atlantic

Corp. v. Twombly, 550 U.S. 544, 563 (2007). This standard requires more than bare assertions of

legal conclusions. Bovee v. Coopers & Lybrand C.P.A., 272 F.3d 356, 361 (6th Cir. 2001). “[A]

formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555.

Any claim for relief must contain “a short and plain statement of the claim showing that the pleader

is entitled to relief.” Erickson v. Pardus, 551 U.S. 89, 93 (2007) (quoting Fed. R. Civ. P. 8(a)(2)).

“Specific facts are not necessary; the statement need only ‘give the defendant fair notice of what

the . . . .claim is and the grounds upon which it rests.” Id. (citing Twombly, 550 U.S. at 555).

Nonetheless, a complaint must contain sufficient facts “state a claim to relief that is

plausible on its face’” to survive a motion to dismiss. Twombly, 550 U.S. at 570. “The plausibility

standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that

defendant has acted unlawfully.” Ashcroft v. Iqbal, 556 US. 662, 678 (2009) (citing Twombly, 550

U.S. at 556). “Threadbare recitals of the elements of a cause of action, supported by mere

conclusory statements, do not suffice.” Id. (citing Twombly, 550 U.S. at 555). A plaintiff with no

facts and “armed with nothing more than conclusions” cannot “unlock the doors of discovery.” Id.

at 678-79.

Pleadings and documents filed by pro se litigants are to be “liberally construed,” and a “pro

se complaint, however inartfully pleaded, must be held to a less stringent standard than formal

pleadings drafted by lawyers.” Erickson, 551 U.S. at 94 (2007) (quoting Estelle v. Gamble, 429

U.S. 97, 106 (1976)). However, “the lenient treatment generally accorded to pro se litigants has

limits.” Pilgrim v. Littlefield, 92 F.3d 413, 416 (6th Cir. 1996) (citing Jourdan v. Jabe, 951 F.2d

108, 110 (6th Cir. 1991)). The basic pleading essentials are not abrogated in pro se cases. Wells

v. Brown, 891 F.2d 591, 594 (6th Cir. 1989) A pro se complaint must still “contain sufficient

factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Barnett v.

Luttrell, 414 Fed. Appx. 784, 786 (6th Cir. 2011) (quoting Ashcroft, 556 U.S. at 678) (internal

quotations and emphasis omitted). District Courts “have no obligation to act as counsel or

paralegal” to pro se litigants. Pliler v. Ford, 542 U.S. 225, 231 (2004). District Courts are also

not “required to create” a pro se litigant’s claim for him. Payne v. Secretary of Treasury, 73 Fed.

Appx. 836, 837 (6th Cir. 2003).

III. Proposed Analysis and Conclusions of Law

The threshold question presented in SCSO’s Motion to Dismiss is whether Plaintiff has

named the proper defendant. SCSO argues that it is not a separate, suable entity apart from Shelby

County and that, as such, the claims against it must be dismissed.

It is well-settled that government departments are not suable entities. Rodney Dotson v.

Fayette Cty. Sheriff Dep’t., 2024 WL 493924, at *3 (W.D. Tenn. Feb. 7, 2024) (citing Johnes v.

Union City, Tennessee, 296 F.3d 417, 421 (6th Cir. 2002); Matthews v. Jones, 35 F.3d 1046, 1049

(6th Cir. 1994)). In Dotson, the plaintiff consented to as much and requested that the county

defendant be substituted in place of the sheriff’s department. However, Plaintiff here has neither

responded to SCSO’s argument or requested that Shelby County be named in place of SCSO.

Accordingly, it is RECOMMENDED that Plaintiff has failed to state a claim upon which relief

may be granted against SCSO and that Plaintiff’s Complaint should be dismissed with leave to

amend.1

Signed this 7th day of February 2025.

s/ Charmiane G. Claxton

CHARMIANE G. CLAXTON

UNITED STATES MAGISTRATE JUDGE

ANY OBJECTIONS OR EXCEPTIONS TO THIS REPORT MUST BE FILED WITHIN

FOURTEEN (14) DAYS AFTER BEING SERVED WITH A COPY OF THE REPORT. 28

U.S.C. § 636(b)(1)(C). FAILURE TO FILE SAID OBJECTIONS OR EXCEPTIONS

WITHIN FOURTEEN (14) DAYS MAY CONSTITUTE A WAIVER AND/OR

FORFEITURE OF THE OPPORTUNITY TO RAISE OBJECTIONS, EXCEPTIONS,

AND ANY FURTHER APPEAL.

1 SCSO raises additional arguments in its Motion to Dismiss that it may contend warrants dismissal of this

case without leave to amend. Namely, SCSO argues that Plaintiff failed to set forth any factual basis for his

Complaint and that the Court should not be required to search through fifty-six pages of documents to

attempt to determine the factual basis for Plaintiff’s Complaint. (See Mot. to Dismiss at PageID 80-84).

Upon review of Plaintiff’s Complaint and exhibits, when asked to state the factual basis of his claims,

Plaintiff clearly wrote the following in the space provided under Paragraph 10: “Please see document

Gender Discrimination Case # 490-2021-01947.” (Compl. ¶ 10). Plaintiff’s first exhibit is titled “Gender

Discrimination Case # 490-2021-01947 Facts,” and it contains a concise two-page summary of his factual

allegations. (See Compl. at PageID 7-8). Thus, the Court does not consider Plaintiff’s Complaint to require

a “exploratory expedition through the dozens of pages of documents . . . to piece together his cause of

action.” (See Mot. to Dismiss at PageID 80). Further, while Defendant argues that Plaintiff “makes no

allegation of lowered pay, demotion, or suspension or any other adverse action,” (Mot. to Dismiss at PageID

82), Plaintiff does make such allegations in his brief summary of the facts. Accordingly, the Court does

not find this argument to be a persuasive reason to prevent Plaintiff from having leave to amend his

Complaint to name the proper party.

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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