McLaughlin v. Cook County Dep't of Corrections

993 F. Supp. 661, 1998 U.S. Dist. LEXIS 1259, 1998 WL 47132
CourtDistrict Court, N.D. Illinois
DecidedFebruary 5, 1998
DocketNo. 97 C 7872
StatusPublished

This text of 993 F. Supp. 661 (McLaughlin v. Cook County Dep't of Corrections) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McLaughlin v. Cook County Dep't of Corrections, 993 F. Supp. 661, 1998 U.S. Dist. LEXIS 1259, 1998 WL 47132 (N.D. Ill. 1998).

Opinion

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is defendant Cook County Department of Corrections’ motion to dismiss plaintiff Larry McLaughlm’s complaint pursuant to Federal Rule of Civil Procedure [663]*66312(b)(6). For the following reasons, the court grants defendant’s motion to dismiss.

I. BACKGROUND

The complaint alleges the following facts which, for the purpose of deciding this motion, are taken as true Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984). From 1988 until June 2, 1992, plaintiff Larry McLaughlin (“McLaughlin”) worked for defendant Cook County Department of Corrections (“the DOC”) as a corrections officer. On June 2, 1992, the Cook County Department of Corrections terminated McLaughlin. On September 24, 1993, the Merit Board ruled that McLaughlin was officially terminated from the DOC effective June 16,1992.

On July 31, 1997, McLaughlin fled a charge of discrimination with the Equal Employment Opportunity Commission (“the EEOC”). The EEOC sent McLaughlin a right-to-sue letter on August 15, 1997. On November 12, 1997, McLaughlin filed a pro se complaint in this court, alleging that the DOC terminated him on the basis of his race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and 42 U.S.C. § 1983. This court has subject matter jurisdiction over the case pursuant to 28 U.S.C. §§ 1331, 1343, 1988 and 42 U.S.C. § 2000e-5(f)(3).

On December 1, 1997, the DOC filed this motion to dismiss McLaughlin’s complaint. The DOC argues that McLaughlin’s complaint should be dismissed because (1) McLaughlin’s claims are time barred; (2) the DOC is not a suable entity; and (3) the DOC does not have the authority to terminate its employees.

On December 9, 1997, the court set a briefing schedule, ordering McLaughlin to file his response brief by December 23,1997, and advising him that the court would rule on the motion without benefit of his views if he did not respond to the DOC’s motion to dismiss. As of January 30, 1998, McLaughlin had not filed the required response brief Therefore, the court ruled on the DOC’s motion to dismiss without benefit of McLaughlin’s input. In so doing, the court was careful to give McLaughlin’s complaint fair and meaningful consideration. Donald v. Cook County Sheriffs Dep’t, 95 F.3d 548, 555-59 (7th Cir.1996).

II. DISCUSSION

A. Standard for deciding Rule 12(b)(6) motion to dismiss

When deciding a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court must accept all factual allegations in the complaint as true and draw all reasonable inferences in favor of the plaintiff. Cromley v. Board of Educ. of Lockport, 699 F.Supp. 1283, 1285 (N.D.Ill.1988). If, when viewed in the light most favorable to the plaintiff the complaint fails to state a claim upon which relief can be granted, the court must dismiss the case. See Fed.R.Civ.P. 12(b)(6); Gomez v. Illinois State Bd. of Educ., 811 F.2d 1030, 1039 (7th Cir.1987). However, the court may dismiss the complaint only if it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957).

Even under the liberal notice pleading standard of the Federal Rules of Civil Procedure, however, a complaint must include either direct or inferential allegations respecting all material elements of the claims asserted. Perkins v. Silverstein, 939 F.2d 463, 466 (7th Cir.1991). Bare legal conclusions attached to narrated facts will not suffice. Strauss v. City of Chicago, 760 F.2d 765, 768 (7th Cir.1985). Finally, when reviewing a pro se complaint, the court must employ standards less stringent than if the complaint had been drafted by counsel. Donald, 95 F.3d at 555.

B. McLaughlin’s claims are time barred

The DOC argues that all of McLaughlin’s claims are time barred. First, the DOC argues that McLaughlin’s séction 1981 and section 1983 claims are barred by the applicable two-year statute of limitations. Second, the DOC argues that McLaughlin’s Title VII claim is barred because McLaughlin did not file his EEOC charge within 300 days [664]*664after the alleged discriminatory action. The court will address each of these arguments in turn.

1. McLaughlin’s section 1981 and section 1983 claims

The DOC contends that McLaughlin’s section 1981 and section 1983 claims are time barred. In Illinois, section 1981 and section 1983 actions are governed by a two-year statute of limitations. Palmer v. Board of Educ. of Community Sch. Dist. 201-U, 46 F.3d 682, 684 (7th Cir.1995); Jones v. Citibank, F.S.B., 844 F.Supp. 437, 439 (N.D.Ill. 1994).

McLaughlin filed his suit on November 12, 1997. The last act of discrimination of which McLaughlin complains is the Merit Board’s ruling, which was announced on September 24,1993. There are no allegations in the complaint from which the court can infer that the principles of equitable tolling or estoppel or the discovery doctrine apply. Accordingly, the court finds that McLaughlin’s section 1981 and section 1983 claims are barred by the applicable two-year statute of limitations.

2. McLaughlin’s Title VII claim

The DOC argues that McLaughlin’s Title VII claim is also time barred because it is based on acts that occurred more than 300 days before the date on which McLaughlin fled his EEOC charge, July 31, 1997.

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Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Hishon v. King & Spalding
467 U.S. 69 (Supreme Court, 1984)
James T. Donald v. Cook County Sheriff's Department
95 F.3d 548 (Seventh Circuit, 1996)
Mayes v. Elrod
470 F. Supp. 1188 (N.D. Illinois, 1979)
Cromley v. Bd. of Educ. of Lockport
699 F. Supp. 1283 (N.D. Illinois, 1988)
Moore v. Allstate Insurance
928 F. Supp. 744 (N.D. Illinois, 1996)
Jones v. Citibank, Federal Savings Bank
844 F. Supp. 437 (N.D. Illinois, 1994)
Perkins v. Silverstein
939 F.2d 463 (Seventh Circuit, 1991)

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Bluebook (online)
993 F. Supp. 661, 1998 U.S. Dist. LEXIS 1259, 1998 WL 47132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaughlin-v-cook-county-dept-of-corrections-ilnd-1998.