Opinion

White-Wagoner v. Pemiscot County Memorial Hospital

Court
District Court, E.D. Missouri
Filed
Apr 23, 2025
Cited by
0 cases
Authority
More cited than 34.9%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

SOUTHEASTERN DIVISION

JOANIE WHITE-WAGONER, )

)

)

Plaintiff, ) Case No. 1:24-CV-169-ACL

)

vs. )

)

PEMISCOT COUNTY MEMORIAL )

HOSPITAL, d/b/a PEMISCOT )

MEMORIAL HEALTH SYSTEMS, et al., )

)

Defendants. )

MEMORANDUM AND ORDER

Plaintiff Joanie White-Wagoner has brought this action against Defendants Pemiscot

County Memorial Hospital d/b/a Pemiscot Memorial Health Systems (“PMHS”) and Pemiscot

County, Missouri, related to her employment with PMHS. Plaintiff was Chief Executive Officer

(“CEO”) of PMHS from approximately September 2023 to January 2024. She asserts various

violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq; the Americans

with Disabilities Act, 42 U.S.C. § 12101, et seq. (“ADA”); the Fair Labor Standards Act, 29 U.S.C.

§ 20 (“FLSA”); the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 (“ADEA”);

the Equal Pay Act, 29 U.S.C. § 206(d) (“EPA”); and Missouri state law.

Presently pending before the Court is the Motion to Dismiss of Defendant Pemiscot

County, Missouri. (Doc. 10.) The Motion is fully briefed and ready for disposition.

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LEGAL STANDARD

Under Federal Rule of Civil Procedure 12(b)(6), a party may move to dismiss a claim for

“failure to state a claim upon which relief can be granted.” The notice pleading standard of

Federal Rule of Civil Procedure 8(a)(2) requires a plaintiff to give “a short and plain statement ...

showing that the pleader is entitled to relief.” To meet this standard and survive a Rule 12(b)(6)

motion to dismiss, “a complaint must contain sufficient factual matter, accepted as true, to ‘state

a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)

(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

Determining if well-pled factual allegations “plausibly give rise to an entitlement to

relief” is a “context-specific task” requiring the court to “draw on its judicial experience and

common sense.” Id. at 679. The factual content of the plaintiff’s allegations must “allow[ ] the

court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”

Park Irmat Drug Corp. v. Express Scripts Holding Co., 911 F.3d 505, 512 (8th Cir. 2018)

(quoting Whitney v. Guys, Inc., 700 F.3d 1118, 1128 (8th Cir. 2012)). In determining the

plausibility of a plaintiff’s claim, Iqbal and Twombly instruct the Court to consider whether

“obvious alternative explanations” exist for the allegedly unconstitutional conduct. Iqbal, 556

U.S. at 682 (quoting Twombly, 550 U.S. at 567). The Court must then determine whether the

plaintiff plausibly alleges a violation of the law. Iqbal, 556 U.S. at 679. The well-pled facts

must establish more than a “mere possibility of misconduct.” Id.

When ruling on a motion to dismiss, a court “must liberally construe a complaint in favor

of the plaintiff,” Huggins v. FedEx Ground Package Sys., Inc., 592 F.3d 853, 862 (8th Cir.

2010), and “grant all reasonable inferences in favor of the nonmoving party.” Lustgraaf v.

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Behrens, 619 F.3d 867, 873 (8th Cir. 2010). But if a claim fails to allege one of the elements

necessary to recovery on a legal theory, the Court must dismiss that claim for failure to state a

claim upon which relief can be granted. Crest Constr. II, Inc. v. Doe, 660 F.3d 346, 355 (8th Cir.

2011). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory

statements, do not suffice.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 555). Although

courts must accept all well-pled factual allegations as true, they “are not bound to accept as true a

legal conclusion couched as a factual allegation.” Id. (quoting Twombly, 550 U.S. at 555).

DISCUSSION

Defendant Pemiscot County argues that the Complaint fails to state a claim for which

relief may be granted because Pemiscot County is not the owner of PMHS as alleged in the

Complaint. Defendant states that, on April 16, 2014, the County Commission of Pemiscot

County conveyed by Quit-Claim Deed all of its rights, title, and interest in the real estate to the

Board of Trustees of PMHS. Defendant attached a copy of the Quit-Claim Deed as Exhibit A to

its Motion. (Doc. 10-1.) Pemiscot County argues that, at the time of Plaintiff’s employment

with Defendant PMHS, Pemiscot County was not the owner of the hospital or the hospital

property. Defendant contends that Plaintiff’s Complaint should therefore be dismissed as to

Pemiscot County for failure to state a claim.

Plaintiff responds that the Court must deny Pemiscot County’s Motion to Dismiss for the

following reasons: (1) the Eastern District of Missouri previously denied essentially the same

argument in Henry v. Pemiscot Memorial Health Systems, County of Pemiscot, Case No.

1:05CV00075 ERW, 2005 WL 3534230 (E.D. Mo. Dec. 21, 2005); (2) Defendant PMHS

admitted Defendant Pemiscot County owns PMHS in its Answer (Doc. 9 at 1-2); (3) the Court

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must assume all allegations in the Complaint are true at the pleading state; and (4) information

available to the public substantiates Plaintiff’s claim that Pemiscot County owns Defendant

PMHS.

The Complaint alleges that Defendant Pemiscot County “owns Defendant PMHS.” (Doc.

1 at 2.) No other allegations are made against Pemiscot County, other than those pertaining to

exhaustion. Specifically, Plaintiff states that she filed a Charge of Discrimination against

Defendant Pemiscot County, and received a Right to Sue letter from the Department of Justice

on August 22, 2024. Id. at 3.

The Quit-Claim Deed attached to Defendant Pemiscot County’s Motion to Dismiss

reveals that the County Commission of Pemiscot County conveyed two tracts of land to the

Board of Trustees of Pemiscot County Memorial Hospital on April 21, 2014, for the sum of $10.

(Doc. 10-1.)

In Henry, the plaintiff employee of PMHS filed suit against PMHS, Pemiscot County,

and others, alleging she was a victim of gender discrimination. 2005 WL 3534230, at * 1.

Pemiscot County filed a Motion to Dismiss arguing that the County does not operate the

hospital; rather, it is the trustees of the hospital who are vested with the power under state law to

make and adopt by-laws, rules, and regulations for the governance of the hospital. Id. The

Court1, after summarizing Missouri law pertaining to the governance of public hospitals, held:

It is clear that the day-to-day activities of public hospitals are performed by the

trustees. However, as Plaintiff notes, Defendant has failed to present any evidence

that: (1) a board of trustees had been appointed in this case; (2) the Hospital was

not owned by Pemiscot County; and (3) if a board of trustees had been appointed,

1 United States District Judge E. Richard Webber.

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it was not acting as an agent of the County. The Court agrees with Plaintiff and

holds that Defendant Pemiscot County has failed to prove “that there is some

insuperable bar to relief” in this case.

Id. (emphasis added). The Court, therefore, denied Pemiscot County’s Motion to Dismiss. Id. at

3.

Plaintiff acknowledges that Henry was decided in 2005, prior to the 2014 Quit-Claim

Deed. She argues that the Quit-Claim Deed nonetheless fails to offer evidence that Defendant

PMHS is not owned by Pemiscot County. Instead, Plaintiff contends that the Quit-Claim Deed

only establishes that certain property was transferred from the County Commission to the

hospital Board of Trustees.

In its Reply, Pemiscot County argues that the 2014 Quit-Claim Deed “conveyed all its

right, title and interest in the property to Pemiscot Memorial Health Systems. It no longer has

the right to possess the property or have legal title to the property, and has conveyed its interest.”

(Doc. 18 at 3.) Pemiscot County further argues that the employment agreement between Plaintiff

and PMHS attached to the Complaint has not been signed by Pemiscot County and Pemiscot

County is not referred to in the agreement. Finally, Defendant Pemiscot County, citing Lucas v.

Blankenship Constr. Co., No. 23-CV-56-JPG, 2024 WL 3088506, at *3 (S.D. Ill. June 21, 2024),

argues that Co-Defendant PMHS’s admission in its Answer that PMHS is owned by Pemiscot

County is not binding on Pemiscot County. In Lucas, the Court held that the plaintiff could use a

defendant’s admission in their answer against a co-defendant but the co-defendant was “not

bound by that admission and is free to counter that evidence with his own.” Id.

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Having considered the pleadings and the parties’ arguments, the Court finds that the

Complaint plausibly alleges that Defendant Pemiscot County owns Defendant PMHS.

Although the Quit-Claim Deed may cast doubt on Pemiscot County’s ownership of PMHS, it

only affirmatively shows that certain parcels of real estate were conveyed from the Pemiscot

County Commission to the PMHS Board of Trustees. PMHS’s admission that Pemiscot County

owns PMHS—while not dispositive—is evidence of this fact that Pemiscot County has not yet

refuted.

Accordingly,

IT IS HEREBY ORDERED that the Motion to Dismiss of Defendant Pemiscot County,

Missouri (Doc. 10) is denied.

Dated this 23rd day of April, 2025.

/s/ Abbie Crites-Leoni

ABBIE CRITES-LEONI

UNITED STATES MAGISTRATE JUDGE

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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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