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Lyons v. Drew

United States District Court, Western District of Missouri, Western Division

March 16, 2015

BRYAN LYONS, Plaintiff,
v.
BOB DREW, et al., Defendants.

ORDER GRANTING DEFENDANT BOB DREW'S MOTION TO DISMISS, AND DISMISSING ALL INDIVIDUAL DEFENDANTS

ORTRIE D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT

Pending is Defendant Bob Drew’s Motion to Dismiss. Doc. #10. The motion is granted.

I. Background

On September 16, 2014, pro se Plaintiff Bryan Lyons (“Plaintiff”) filed an Amended Complaint against Bob Drew (“Defendant”), Patriot Surplus, Creative Associates, Randy Banks, Lee Davis, David Rock, “Kevin ?, ” “Clifford ?, ” and “Adam?, ” asserting claims under Title VII, the Americans with Disability Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), 42 U.S.C. §§ 1983, 1985, 1986, the Eighth Amendment, and 18 U.S.C. §§ 241, 242, 1961, and 1968. Plaintiffs asserts these claims due to Defendant’s allegedly discriminatory actions based on sexual harassment, age, and disability.

II. Standard

The liberal pleading standard created by the Federal Rules of Civil Procedure requires “a short and plain statement of the claim showing that the pleader is entitled to relief." Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (quoting Fed.R.Civ.P. 8(a)(2)). “Specific facts are not necessary; the statement need only 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests." Id. (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). In ruling on a motion to dismiss, the Court “must accept as true all of the complaint's factual allegations and view them in the light most favorable to the Plaintiff[ ]." Stodghill v. Wellston School Dist., 512 F.3d 472, 476 (8th Cir. 2008).

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are merely consistent with a defendant's liability, it stops short of the line between possibility and plausibility of entitlement to relief.

Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009).

In keeping with these principles a court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth. While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.

Id. at 1950.

III. Discussion

A. Title VII

All claims under Title VII, the ADEA, and the ADA must be brought against a covered employer. The Eighth Circuit has held individuals are not covered employers under Title VII. Spencer v. Ripley County State Bank, 123 F.3d 690, 691 (8th Cir. 1997). Here, Defendant Bob ...


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