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King v. Steiner-Dawson

United States District Court, M.D. Florida, Fort Myers Division

July 26, 2018

LOREN D. KING, II, Plaintiff,
v.
KELLI STEINER-DAWSON, RN, ICU Nurse Manager, HCA WEST FLORIDA, and BILL HAWLEY, CEO/President, Defendants.

          OPINION AND ORDER

          JOHN E. STEELE SENIOR UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on Defendants Kelli Steiner-Dawson and Bill Hawley's Motion to Dismiss With Prejudice for Failure to State a Claim (Doc. #28) filed on June 22, 2018. Plaintiff pro se Loren D. King, II filed a Response in Opposition (Doc. #34) on July 20, 2018. For the reasons set forth below, the Motion is granted.

         I.

         Under Federal Rule of Civil Procedure 8(a)(2), a Complaint must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). This obligation “requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citation omitted). To survive dismissal, the factual allegations must be “plausible” and “must be enough to raise a right to relief above the speculative level.” Id. at 555. See also Edwards v. Prime Inc., 602 F.3d 1276, 1291 (11th Cir. 2010). This requires “more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citations omitted).

         In deciding a Rule 12(b)(6) motion to dismiss, the Court must accept all factual allegations in a complaint as true and take them in the light most favorable to plaintiff, Erickson v. Pardus, 551 U.S. 89 (2007), but “[l]egal conclusions without adequate factual support are entitled to no assumption of truth.” Mamani v. Berzain, 654 F.3d 1148, 1153 (11th Cir. 2011) (citations omitted). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678. “Factual allegations that are merely consistent with a defendant's liability fall short of being facially plausible.” Chaparro v. Carnival Corp., 693 F.3d 1333, 1337 (11th Cir. 2012) (internal quotation marks and citations omitted). Thus, the Court engages in a two-step approach: “When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.” Iqbal, 556 U.S. at 679.

         II.

         On October 20, 2017, plaintiff, a former nurse-employee of Fawcett Memorial Hospital in Port Charlotte, Florida, filed this employment discrimination case using a “form complaint” provided to pro se litigants by the Court.[1] (Doc. #1.) In the initial Complaint, plaintiff cited federal question in the “basis of jurisdiction” section and named four defendants: HCA, Fawcett Memorial Hospital, Administrator, and Nurse Manager. (Id.)

         Prior to effecting service of the initial Complaint, plaintiff filed an Amended Complaint (Doc. #9) again using a form complaint, naming HCA West Florida, Kelli Steiner-Dawson, RN ICU Nurse Manager, and Bill Hawley, CEO/President, individually as defendants. Plaintiff lists Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Florida Civil Rights Act (FCRA) as the basis for his Amended Complaint. (Id.)

         In the “Statement of Claim” section of the Amended Complaint, plaintiff states in five lengthy paragraphs that he was discriminated against because of his disability[2] and no accommodation was provided by defendants. Each paragraph of the Statement of Claim begins with a statement of the cause of action plaintiff is attempting to bring, as follows:

1. Manger targeted and harassed employee (plaintiff) forming an intimidating environment representative of workplace violence.
2. Management discriminated against my (plaintiff's) disability.
3. Harassment leading to constructive discharge utilizing underhanded tactics to discriminate, set-up and terminate vulnerable populations.
4. Breach of ...

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