Evans v. Smurfit Stone Container, Inc. et al

Filing 6

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [#2] is GRANTED. IT IS FURTHER ORDERED that plaintiffs claims against Tony Unknown are DISMISSED. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue as to defendant Smurfit Stone Container, Inc. An Order of Partial Dismissal will accompany this Order. Signed by Honorable Rodney W. Sippel on 7/19/11. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOSEPH EVANS,
Plaintiff,
v.
SMURFIT STONE CONTAINER,
INC., et al.,
Defendants.

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No. 4:11CV1188 RWS

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to proceed in forma
pauperis. The motion will be granted. Under 28 U.S.C. § 1915(e)(2)(B), the Court
is required to review the complaint and dismiss any part of it that is frivolous,
malicious, or fails to state a claim upon which relief can be granted. Upon review of
the complaint, the Court will dismiss plaintiff’s claims against defendant Tony
Unknown.
Plaintiff brings this action under Title VII of the Civil Rights Act of 1964.
Named as defendants are Smurfit Stone Container, Inc., and Tony Unknown,
plaintiff’s former supervisor. Plaintiff alleges that Tony Unknown treated him
differently than a white employee and terminated him because of his race.

Title VII provides a remedy only against an “employer.” The Eighth Circuit
Court of Appeals has squarely held that “supervisors may not be held individually
liable under Title VII.” Bonomolo-Hagen v. Clay Central-Everly Community School
District, 121 F.3d 446, 447 (8th Cir. 1997) (citing Spencer v. Ripley County State
Bank, 123 F.3d 690, 691-92 (8th Cir. 1997) (per curiam)); see Bales v. Wal-Mart
Stores Inc., 143 F.3d 1103, 1111 (8th Cir. 1998). As a result, plaintiff’s claims
against Tony unknown fail to state a claim upon which relief can be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [#2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s claims against Tony Unknown
are DISMISSED.
IT IS FURTHER ORDERED that the Clerk shall issue process or cause
process to issue as to defendant Smurfit Stone Container, Inc.
An Order of Partial Dismissal will accompany this Order.
Dated this 19th day of July, 2011.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
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