Jarrett v. Hendrix Wire and Cable, Inc. et al

Filing 5

ORDER Directing US Marshal to Make Service. So Ordered by Judge Paul J. Barbadoro.(vln)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Nicordo Jarrett
v.

Case No. 14-cv-50-PB

Hendrix Wire and
Cable Inc., et al.
O R D E R
Viewing the complaint generously, it appears to state
claims that defendants are liable for racial harassment and
discrimination in violation of 42 U.S.C. § 1981.

To make out a

racial harassment claim, the plaintiff must prove a contractual
relationship and “two further elements: (1) that the plaintiff
was exposed to comments, jokes, or acts of a racial nature by
the defendant’s employees; and (2) that the conduct had the
purpose or effect of interfering with the plaintiff’s work
performance or created an intimidating, hostile, or offensive
working environment.”

Danco, Inc. v. Wal-Mart Stores, Inc., 178

F.3d 8, 16 (1st Cir. 1999).
The elements of a racial discrimination claim under § 1981
are “(1) that the plaintiff is a member of a racial minority;
(2) that the defendant intended to discriminate on the basis of
race; and (3) that the discrimination concerned one or more of

the activities enumerated in the statute.”

Lopez v. Target

Corp., 676 F.3d 1230, 1233 (11th Cir. 2012).
The court has subject matter jurisdiction over § 1981
claims and the complaint appears to set forth minimally
sufficient claims under this provision.
the complaint to be served.

Accordingly, I order

In doing so, I express no view as

to whether the complaint also asserts other causes of action.
Nor does this order bar the defendants from later moving to
dismiss the complaint for failure to state a claim.
SO ORDERED.
/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
April 11, 2014
cc:

Nicordo Jarrett, pro se

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