Tate v. SCR Med. Transp., Inc

Tate filed suit pro se, claiming that his former employer, which provides non‐emergency medical transportation, discriminated against him and then having retaliated against him for complaining about the discrimination, 42 U.S.C. 2000e; 42 U.S.C. 12101 (Americans with Disabilities Act). The court dismissed, without allowing amendment, citing 28 U.S.C. 1915(e)(2)(B)(ii), which requires dismissal of a complaint seeking leave to proceed in forma pauperis if it “fails to state a claim on which relief may be granted.” The judge stated that Tate’s complaint contained “little more than conclusory legal jargon.’” The Seventh Circuit reversed. The plaintiff was not required to plead more elaborately, except with regard to his claim of disability discrimination. Tate used a complaint form supplied by the district court. The form does not require, nor permit, extensive factual detail; it provides six lines for listing facts. Plaintiff’s only seriously deficient allegation concerns the disability, which is not named or otherwise identified. The court dismissed the suit before expiration of the 21‐day period during which a plaintiff may file an amended complaint without the court’s approval. The judge should not only have complied with the rule; he should have told the plaintiff what is required to allege disability discrimination. View "Tate v. SCR Med. Transp., Inc" on Justia Law