United States District Court, W.D. Missouri, Western Division
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT'S MOTION TO DISMISS
ORTRIE D. SMITH, Senior District Judge.
Pending is Defendant Patriot Surplus's Motion to Dismiss. Doc. #61. For the foregoing reasons, the Motion is denied in part and granted in part.
On September 16, 2014, pro se Plaintiff Bryan Lyons ("Plaintiff") filed an Amended Complaint against Bob Drew, Patriot Surplus ("Defendant"), 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. Plaintiff asserts these claims due to Defendant's allegedly discriminatory actions based on sexual harassment, age, and disability. On March 16, 2015, the Court dismissed all the individual defendants in the case. Doc. #35.
II. Legal 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 Plaintif [ ]." Stodgill 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 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, 556 U.S. 662, 678 (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 679.
Additionally, a court must liberally construe a pro se complaint and "pro se litigants are held to a lesser pleading standard than other parties." Whitson v. Stone County Jail, 602 F.3d 920, 922 n. 1 (8th Cir. 2010). However, pro se complaints "still must allege sufficient facts to support the claims advanced." Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004).
To establish a prima facie under the ADA, Plaintiff must establish that "he is disabled within the meaning of the ADA, that he is qualified to perform the essential functions of his position, and that he suffered an adverse employment action under circumstances giving rise to an inference of unlawful discrimination." Kiel v. Select Artificials, Inc., 169 F.3d 1131, 1135 (8th Cir. 1999). "Under the ADA, disability is defined as: (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a ...