Jordan v. Staffing Plus

282 F. Supp. 3d 879
District Court, E.D. Pennsylvania·Decided October 3, 2017·No. CIVIL ACTION NO.17–4020·Published

Opinion

CYNTHIA M. RUFE, J.

Plaintiff Dominique Jordan brings this civil action against Staffing Plus, his former employer, based on allegations of employment discrimination. He seeks to proceed in forma pauperis. For the following reasons, the Court will grant plaintiff leave to proceed in forma pauperis and dismiss his complaint without prejudice to him filing an amended complaint.

I. FACTS

Plaintiff was employed by Staffing Plus until his termination on March 29, 2017. By marking the appropriate locations on the Court's form complaint, plaintiff indicates that his former employer violated Title VII, 42 U.S.C. § 2000e. He also asserts claims pursuant to 42 U.S.C. § 1981. His claims against Staffing Plus are based on the following allegations:

WRONGFUL TERMINATION, STAFF PLUS wrongfully terminated Aggrieved PARTY not based off performance but because of false arrest, Negative News Article stemmed from assumption. No Facts. STAFFING PLUS did not do own investigation. Also Breach Of CONTRACT. (A Injury). Unlawful Terminated aggrieved party Based off hearsay.

(Compl. ¶ II.E.) He seeks $300,000 in damages pursuant to 42 U.S.C. § 1981. (Compl. ¶ IV.)

II. STANDARD OF REVIEW

The Court grants plaintiff leave to proceed in forma pauperis because it appears he is incapable of paying the fees necessary to commence this action. Accordingly, 28 U.S.C. § 1915(e)(2)(B)(ii) applies, which requires the Court to dismiss the complaint if it fails to state a claim. Whether a complaint fails to state a claim under § 1915(e)(2)(B)(ii) is governed by the same standard applicable to motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), see Tourscher v. McCullough , 184 F.3d 236, 240 (3d Cir. 1999), which requires the Court to determine whether the complaint contains "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, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). "[T]he plausibility paradigm announced in Twombly applies with equal force to analyzing the adequacy of claims of employment discrimination." Fowler v. UMPC Shadyside , 578 F.3d 203, 211 (3d Cir. 2009) (quotations omitted). As plaintiff is proceeding pro se , the Court must construe his allegations liberally. Higgs v. Att'y Gen. , 655 F.3d 333, 339 (3d Cir. 2011).

III. DISCUSSION

Title VII prohibits an employer from discriminating against an employee based on race. See 42 U.S.C. § 2000e-2(a). In general, to establish a prima facie case of employment discrimination, a plaintiff must show that: (1) he is a member of a *881protected class; (2) he was qualified for the position in question; (3) he suffered an adverse employment action, and; (4) the adverse action occurred under circumstances giving rise to an inference of discrimination. See McDonnell Douglas Corp. v. Green , 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) ; see also Sarullo v. U.S. Postal Serv. , 352 F.3d 789, 797 (3d Cir. 2003). 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 , 578 F.3d at 213 (quotations omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Jordan v. Staffing Plus, 282 F. Supp. 3d 879 (E.D. Pa. 2017).

282 F. Supp. 3d 879 (Jordan v. Staffing Plus) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related