Brazil v. Arkansas Department of Human Services

Filing 21

ORDER denying 11 Motion to Dismiss. Signed by Judge D. P. Marshall Jr. on 4/3/2014. (jak)

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

MARY BRAZIL
No. 4:13-cv-468-DPM

v.

ARKANSAS DEPARTMENT OF
HUMAN SERVICES

DEFENDANT

ORDER
The motion to dismiss, N2 11, is denied. The Court does not see this case
as one where the plaintiff has pleaded herself out of court for one reason or
another. Brazil's allegations state plausible claims of discrimination based on
race and retaliation- all the essential elements appear to be present. The
dispute is so factually tangled that, if the claims fail on motion, it should be
at the summary-judgment stage. At that point, the facts will be winnowed to
those few that are material, and either disputed or not, by the parties' Local
Rule 56.1 statements. N2 19 at 3-4.
So Ordered.
!/

D.P. Marshall Jr.
United States District Judge