Opinion
4:03cv383-WS
February 11, 2004
ORDER GRANTING. IN PART. DEFENDANT'S MOTION TO DISMISS
The plaintiff, Tim Schneider ("Schneider"), sues his employer, the Florida Department of Corrections ("FDOC"), for age and gender discrimination and retaliation. Before the court at this time is FDOC's motion to dismiss or, in the alternative, motion for more definite statement. Doc. 10. FDOC contends that Schneider's complaint fails to state a claim because it is devoid of factual allegations which support Schneider's "boilerplate" claims to relief. Schneider has responded (doc. 18) in opposition to the motion.
In Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002), the Supreme Court held that a discrimination complaint need only meet the "short and plain statement" requirement of Federal Rule of Civil Procedure 8(a) and need not allege all of the facts required to support a prima facie case. Applying the Rule 8(a) standard in Swierkiewicz, the Court wrote:
[P]etitioner's complaint easily satisfies the requirements of Rule 8(a) because it gives respondent fair notice of the basis for petitioner's claims. Petitioner alleged that he had been terminated on account of his national origin in violation of Title VII and on account of his age in violation of the ADEA. His complaint detailed the events leading to his termination, provided relevant dates, and included the ages and nationalities of at least some of the relevant persons involved with his termination. These allegations give respondent fair notice of what petitioner's claims are and the grounds upon which they rest. In addition, they state claims upon which relief could be granted under Title VII and the ADEA.Swierkiewicz, 506 U.S. at 514 (citations omitted).
In Bass v. E.I. Dupont de Nemours Co., 324 F.3d 761, 765 (4th cir), cert. denied, 124 S.Ct. 301, 157 L.Ed.2d 252 (2003), noting thatSwierkiewicz did not remove a plaintiffs burden to allege facts sufficient to state a claim for relief, the Fourth Circuit wrote:
While a plaintiff is not charged with pleading facts sufficient to prove her case, as an evidentiary matter, in her complaint, a plaintiff is required to allege facts that support a claim for relief. The words "hostile work environment" are not talismanic, for they are but a legal conclusion; it is the alleged facts supporting those words, construed liberally, which are the proper focus at the motion to dismiss stage.
In this case, Schneider alleges only one fact to support his age and gender discrimination claims. Specifically, he alleges that Dr. Mary Tyll, a 38-year-old female supervisor, "made comments to Plaintiff to the effect that she does not like Plaintiff because he reminds her of her father." Compl. at ¶ 6. FDOC asserts, and the court agrees, that this allegation falls woefully short of meeting the liberal notice pleading standard of Rule 8. It also falls short of the factual allegations that the Supreme Court said were sufficient to state a claim for employment discrimination in Swierkiewicz.
While Schneider's lone factual allegation regarding age and gender discrimination is insufficient to state a claim for gender or age discrimination, the same cannot be said about his allegations regarding retaliation. In his complaint, Schneider alleges that, after he filed an internal charge of discrimination with FDOC, he was unjustly reprimanded and suspended. These allegations, while minimal, are sufficient to survive a motion to dismiss.
Accordingly, it is ORDERED:
1. FDOC's motion to dismiss (doc. 10) is GRANTED as to Schneider's claims of age and gender discrimination, and Counts I and II are hereby DISMISSED for failure to state a claim.
2. FDOC's motion to dismiss (doc. 10) is DENIED as to Schneider's claim of retaliation.
3. Schneider shall have until February 27, 2004, to amend his complaint, if he so wishes. FDOC shall have until March 12, 2004, to respond either to Schneider's amended complaint, if one is filed, or to the original complaint (limited to Count III) if no amended complaint is filed.
DONE AND ORDERED this February 11, 2004.