Green v. West County Pathology et al

Filing 4

MEMORANDUM AND ORDER: HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2 ] is GRANTED. FURTHER ORDERED that defendants Trish DeNatale and Rob Lyttle are DISMISSED from this action. FURTHER ORDERED that the Clerk shall issue process on defendant West County Pathology., Trish DeNatale (Supervisor) and Rob Lyttle (CEO) terminated. Signed by District Judge Jean C. Hamilton on 04/29/2015. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RAMON GREEN,
Plaintiff,
v.
WEST COUNTY PATHOLOGY, et al.,
Defendants,

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No. 4:15CV687 JCH

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 defendants Trish DeNatale and Rob Lyttle.
Plaintiff brings this action under Title VII of the Civil Rights Act of 1964. Named as
defendants are West County Pathology; Trish DeNatale, plaintiff=s former supervisor; and Rob
Lyttle, the CEO.

Plaintiff alleges that Trish DeNatale treated him differently than white

employees and terminated him because of his race.
Title VII provides a remedy only against an Aemployer.@ The Eighth Circuit Court of
Appeals has squarely held that Asupervisors 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 Trish DeNatale and Rob Lyttle fail to state a claim upon which
relief can be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that defendants Trish DeNatale and Rob Lyttle are
DISMISSED from this action.
IT IS FURTHER ORDERED that the Clerk shall issue process on defendant West
County Pathology.
Dated this 29th day of April, 2015.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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