Bobby Lowery, Jr. v. Colson Caster

E.D. Arkansas

Bobby Lowery, Jr. v. Colson Caster

DecidedDecember 3, 2025

Docket3:25-cv-00169

StatusUnknown

This text of Bobby Lowery, Jr. v. Colson Caster (Bobby Lowery, Jr. v. Colson Caster) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bobby Lowery, Jr. v. Colson Caster, (E.D. Ark. 2025).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

BOBBY LOWERY, JR. PLAINTIFF

Vv. No. 3:25-cv-169-DPM

COLSON CASTER DEFENDANT

ORDER Lowery filed an amended complaint with many more details supporting his wrongful termination claim under the Americans with Disabilities Act and the Family and Medical Leave Act. Doc. 5. The Court must screen his new pleading. 28 U.S.C. § 1915(e). Lowery’s treatment for prostate cancer required an extended absence from work at Colson Caster. Lowery had _ trouble communicating with Colson about his FMLA leave. His leave wasn’t documented; and he was fired. With the help of his union representative, Lowery’s firing was overturned. He returned to work and requested an accommodation for regular bathroom breaks. Lowery discovered that Colson had given his position to a coworker and was moving him to another department. He also says there was workplace tension, continued questions about his whereabouts, and repeated disciplinary actions. Colsen eventually fired Lowery for violating its attendance policy. He denies the violation.

Lowery’s claims proceed. He has stated a plausible failure-to- accommodate claim under the ADA. Evans v. Cooperative Response Center, Inc., 996 F.3d 539, 545-47 (8th Cir. 2021). He has also stated a plausible claim that his FMLA leave was a cause of his firing. Pulczinski v. Trinity Structural Towers, Inc., 691 F.3d 996, 1007 (8th Cir. 2012). The Court directs the Clerk to issue summons for Colson Caster, LLC, and deliver it, along with a copy of the complaint, amended complaint, the screening Order, and this Order to the Marshal. The Marshal must serve process, without prepayment of fees, by registered mail, restricted delivery, return receipt required, on Colson Caster, LLC’s registered agent, Cogency Global, Inc., 300 W. Spring St., Ste. 900, Little Rock, AR 72201. So Ordered.

D.P. Marshall Jr. United States District Judge 3 Recenthn 20a5

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

BOBBY LOWERY, JR. PLAINTIFF

Vv. No. 3:25-cv-169-DPM

COLSON CASTER DEFENDANT

ORDER Lowery filed an amended complaint with many more details supporting his wrongful termination claim under the Americans with Disabilities Act and the Family and Medical Leave Act. Doc. 5. The Court must screen his new pleading. 28 U.S.C. § 1915(e). Lowery’s treatment for prostate cancer required an extended absence from work at Colson Caster. Lowery had _ trouble communicating with Colson about his FMLA leave. His leave wasn’t documented; and he was fired. With the help of his union representative, Lowery’s firing was overturned. He returned to work and requested an accommodation for regular bathroom breaks. Lowery discovered that Colson had given his position to a coworker and was moving him to another department. He also says there was workplace tension, continued questions about his whereabouts, and repeated disciplinary actions. Colsen eventually fired Lowery for violating its attendance policy. He denies the violation.

Lowery’s claims proceed. He has stated a plausible failure-to- accommodate claim under the ADA. Evans v. Cooperative Response Center, Inc., 996 F.3d 539, 545-47 (8th Cir. 2021). He has also stated a plausible claim that his FMLA leave was a cause of his firing. Pulczinski v. Trinity Structural Towers, Inc., 691 F.3d 996, 1007 (8th Cir. 2012). The Court directs the Clerk to issue summons for Colson Caster, LLC, and deliver it, along with a copy of the complaint, amended complaint, the screening Order, and this Order to the Marshal. The Marshal must serve process, without prepayment of fees, by registered mail, restricted delivery, return receipt required, on Colson Caster, LLC’s registered agent, Cogency Global, Inc., 300 W. Spring St., Ste. 900, Little Rock, AR 72201. So Ordered.

D.P. Marshall Jr. United States District Judge 3 Recenthn 20a5

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