Garris v. J B Hunt Transport Inc et al

Filing 24

ORDER granting in part, denying in part and denying as moot in part, the 6 Motion to Dismiss. The motion to amend (de#18) is granted, as modified. Garris should file her amended complaint, eliminating the dismissed retaliation claim, by August 10, 2012. Signed by Judge D. P. Marshall Jr. on 8/2/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

CHARLENE GARRIS

v.

PLAINTIFF

No. 4:12-cv-363-DPM

J.B. HUNT TRANSPORT, INC.

DEFENDANT

ORDER
J.B. Hunt moves to dismiss Garris's complaint in its entirety.

In

response, Garris moves to amend, dropping all of her claims except those
under § 1981 and the Arkansas Civil Rights Act. The motion to amend is
granted; and the motion to dismiss is therefore denied as moot on the
dropped claims. The rest of Garris's amended complaint will stand if it
11

alleges enough facts to state a claim to relief that is plausible on its face." Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).

J.B. Hunt's motion to dismiss Garris's claim for retaliation under the
Arkansas Civil Rights Act is granted. Garris originally alleged that she was
terminated in retaliation for protesting illegal drug testing policies and
II

practices, in violation of the [Arkansas Civil Rights Act] of 1993." Document
No. 2,

~

13. As }.B. Hunt pointed out in its motion, though, the ACRA only

protects those who oppose an act or practice made unlawful by that statute.
And illegal drug testing policies are not an act or practice covered by the
ACRA. ARK. CODE ANN.§ 16-123-107. Apparently recognizing this problem,
Garris changed the allegation in her proposed amended complaint. She now
alleges thatJ.B. Hunt terminated her for protesting the manner in which she
was being terminated. Document No. 18-1, ~ 11. This is circular, rendering the
claim implausible. Garris's ACRA retaliation claim is dismissed without
prejudice.
The rest of J.B. Hunt's motion to dismiss is denied. Garris has pleaded
a plausible § 1981 claim, alleging that she was treated differently than
similarly situated white employees because of her race. Document No. 18-1,
~~

7-8. This is sufficient.

Motion to dismiss, Document No.6, granted in part, denied in part, and
denied as moot in part. Motion to amend, Document No. 18, granted as
modified.

Garris should file her amended complaint, eliminating the

dismissed retaliation claim, by 10 August 2012.

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So Ordered.

D.P. Marshhll Jr. f
United States District Judge

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