Terry Jordan v. Iowa Quality Beef

Eighth Circuit

Terry Jordan v. Iowa Quality Beef

110 F. App'x 735

CourtCourt of Appeals for the Eighth Circuit

DecidedOctober 12, 2004

Docket04-1930

StatusUnpublished

This text of 110 F. App'x 735 (Terry Jordan v. Iowa Quality Beef) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Terry Jordan v. Iowa Quality Beef, 110 F. App'x 735 (8th Cir. 2004).

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Opinion

PER CURIAM.

Terry Jordan appeals the district court’s preservice dismissal of his complaint for failure to state a claim. Jordan, who is African-American, alleged he was rehired by Iowa Quality Beef; on the day he was to start work he was informed the offer of rehire was rescinded; and the decision not to rehire him was based upon his race and other impermissible factors.

We grant Jordan leave to appeal in for-ma pauperis. Having carefully reviewed the record, we conclude preservice dismissal was inappropriate because Jordan’s pro se complaint, liberally construed, satisfied federal pleading requirements by providing Iowa Quality Beef notice of his claim of discrimination in its decision not to rehire him. See Fed.R.Civ.P. 8(a)(2); Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514-15, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); Smith v. St. Bernards Reg’l Med. Ctr., 19 F.3d 1254, 1255 (8th Cir.1994).

Accordingly, we reverse the dismissal and remand for further proceedings in accordance with this opinion.

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PER CURIAM.

Terry Jordan appeals the district court’s preservice dismissal of his complaint for failure to state a claim. Jordan, who is African-American, alleged he was rehired by Iowa Quality Beef; on the day he was to start work he was informed the offer of rehire was rescinded; and the decision not to rehire him was based upon his race and other impermissible factors.

We grant Jordan leave to appeal in for-ma pauperis. Having carefully reviewed the record, we conclude preservice dismissal was inappropriate because Jordan’s pro se complaint, liberally construed, satisfied federal pleading requirements by providing Iowa Quality Beef notice of his claim of discrimination in its decision not to rehire him. See Fed.R.Civ.P. 8(a)(2); Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514-15, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); Smith v. St. Bernards Reg’l Med. Ctr., 19 F.3d 1254, 1255 (8th Cir.1994).

Accordingly, we reverse the dismissal and remand for further proceedings in accordance with this opinion.

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110 F. App'x 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-jordan-v-iowa-quality-beef-ca8-2004.

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