Gaines Hunter v. YMCA of Metropolitan Chicago Foundation

Filing 6

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 9/7/2011: Since Plaintiff is proceeding pro se, the court has liberally construed her complaint. Even when liberally construing the allegations in the complaint, Plaintiff has failed to plausibly suggest a federal cause of action. Nor has Plaintiff shown that the court would have subject matter jurisdiction over any potential state law claims. Therefore, the instant action is dismissed. All pending motions are stricken as moot. Civil case terminated. [ For further details see minute order.] Mailed notice (ph, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Samuel Der-Yeghiayan

CASE NUMBER

11 C 5918

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

9/7/2011

Brenda Gaines Hunter vs. YMCA of Metropolitan Chicago Foundation

DOCKET ENTRY TEXT

Since Plaintiff is proceeding pro se, the court has liberally construed her complaint. Even when liberally
construing the allegations in the complaint, Plaintiff has failed to plausibly suggest a federal cause of action.
Nor has Plaintiff shown that the court would have subject matter jurisdiction over any potential state law
claims. Therefore, the instant action is dismissed. All pending motions are stricken as moot. Civil case
terminated.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This matter is before the court on Plaintiff Brenda Gaines Hunter’s (Hunter) motion for leave to
proceed in forma pauperis and motion for appointment of counsel. Pursuant to 28 U.S.C. § 1915,
“[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the
case at any time if the court determines that . . . the action . . . fails to state a claim on which relief may be
granted. . . .” Id.
Hunter alleges in her complaint that she is a member at a YMCA and that she was sexually harassed
by a female instructor in the women’s locker room. Hunter also claims that she was trapped in the locker
room on one occasion by YMCA employees and members and threatened with violence. Hunter contends
that YMCA employees and members have conspired against her, treated her unfairly, and threatened her with
violence. Hunter has not alleged facts that suggest that Defendant was a state actor or that any of Hunter’s
constitutional rights were violated. Hunter therefore cannot proceed under 42 U.S.C. § 1983. See, e.g., Roe
v. Elyea, 631 F.3d 843, 864 (7th Cir. 2011). Although Hunter alleges that she was sexually harassed, she
does not allege facts that suggest that Defendant was her employer and thus Hunter cannot proceed under
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. See, e.g., Schandelmeier-Bartels v.
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11C5918 Brenda Gaines Hunter vs. YMCA of Metropolitan Chicago Foundation

STATEMENT
Chicago Park Dist., 634 F.3d 372, 380 (7th Cir. 2011). Since Hunter is proceeding pro se, the court has
liberally construed her complaint. Even when liberally construing the allegations in the complaint, Hunter
has failed to plausibly suggest a federal cause of action. Nor has Hunter shown that the court would have
subject matter jurisdiction over any potential state law claims. Therefore, the instant action is dismissed. All
pending motions are stricken as moot.

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11C5918 Brenda Gaines Hunter vs. YMCA of Metropolitan Chicago Foundation