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PITTMAN v. CORRECTIONAL HEALTHCARE SOLUTIONS

November 10, 1994

E. CAROL PITTMAN
v.
CORRECTIONAL HEALTHCARE SOLUTIONS, INC.



The opinion of the court was delivered by: ANITA B. BRODY, J.

 Anita B. Brody, J.

 November 10, 1994

 Pro se plaintiff, E. Carol Pittman, filed suit against her former employer, Correctional Healthcare Solutions, Inc. ("CHS"), alleging race, gender, and age discrimination. CHS has moved to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a cognizable claim. I will dismiss plaintiff's race and age discrimination claims, and one of two potential gender discrimination claims, without prejudice to replead. I conclude, however, that plaintiff's remaining gender discrimination claim is adequately pleaded; accordingly, I will deny CHS's motion to dismiss as to this claim.

 I. THE COMPLAINT

 Plaintiff's complaint, hand-written on a standard form, alleges the following "Statement of Claim":

 Compl. P 3. The complaint seeks as relief:

 
All raises and salaries I lost as a result of being fired, and something for mental anguish [and] pain and suffering directly resulting from Mr. Lopez and CHS.

 Id. P 4. Plaintiff's allegations are amplified somewhat by her Request for Appointment of Attorney filed the same day as the complaint. This request clarifies the age discrimination claim as follows: "Frequently referred to as 'old broads' and 'bitches'." Request for Appointment of Attorney P 4. The race and gender discrimination claims, respectively, are given the following elaboration in the request: "Supervisor frequently used, 'Niggers and onions make you cry,'" and "Often referred to his penis and my large breasts." Id.

 CHS attacks the complaint on three principal grounds: (i) it fails to plead with requisite specificity the particular cause of action or conduct charged against CHS; (ii) it fails to plead a prima facie case under either of the two presumed statutory bases for plaintiff's action, Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-2 (1982), and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634 (1982); and (iii) it is defective on certain procedural points.

 I will treat all of CHS's non-procedural objections together. Specifically, I will assess the adequacy of plaintiff's allegations against CHS in light of the requirements for her potential claims under Title VII and the ADEA. CHS's procedural objections, addressed last, will be disposed of summarily.

 II. DISCUSSION

 Fed. R. Civ. P. 8(a) requires a "short and plain statement of the claim showing the pleader is entitled to relief." In considering a motion to dismiss, all factual allegations in the complaint must be accepted as true, and all reasonable inferences from those allegations must be drawn in favor of the plaintiff. Colburn v. Upper Darby Township, 838 F.2d 663 (3rd Cir. 1988), cert. denied, 489 U.S. 1065, 103 L. Ed. 2d 808, 109 S. Ct. 1338 (1989). The motion to dismiss should be granted only if there is no conceivable set of facts that could be proved that would entitle the plaintiff to relief. Conley v. Gibson, 355 U.S. 41, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1957). I am to be especially ...


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