Smith v. Wendy's Inc. (MAG+), No. 2:2024cv00604 - Document 10 (M.D. Ala. 2025)

Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 1/10/2025. (BES)

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Smith v. Wendy's Inc. (MAG+) Doc. 10 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION PETER J. SMITH, ) ) ) ) ) ) ) ) ) Plaintiff, v. WENDY'S INC., Defendant. CIVIL ACTION NO. 2:24cv604-MHT (WO) OPINION Plaintiff filed this lawsuit asserting claims stemming from an incident in which he reportedly was assaulted by a restaurant employee. now before the court on the This lawsuit is recommendation of the United States Magistrate Judge that plaintiff’s case be dismissed without opportunity to amend because plaintiff has submitted an affidavit showing that he was not an employee of the restaurant he sued and he therefore cannot state a claim under Title VII, even with amendment. recommendation. review of the There After record, are an the no objections independent court and concludes to de that the novo the Dockets.Justia.com magistrate judge’s recommendation should be adopted to the extent it recommends dismissal for failure to state claim under Title VII. However, in the complaint, plaintiff also arguably seeks to bring a claim under the Civil Rights Act of 1964, separate from the claim under Title VII. See Complaint (Doc. 1) at 1 (“Alleged violation of Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964.”). prohibits discrimination accommodation... religion, or potentially recommendation plaintiff Title has on national the II of in “any ground origin,” applicable does not failed to the Civil Rights place of public race, color, of 42 U.S.C. provision address. allege Act §2000a, a that the any case, In sufficient facts to state a claim under that provision, as he says only that he, a Black male, was assaulted by a Black female employee of the restaurant, and states no facts that would give reason to believe that race discrimination was the reason for the purported assault. Accordingly, the court will dismiss any such claim for failure to state a claim. In addition, it appears that plaintiff could potentially assert a claim for assault under Alabama law. However, because he has not pleaded the facts necessary to establish federal jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332, his claim is not viable, and the case will be dismissed. If plaintiff wishes to pursue a claim for assault, he may bring a case in state court. In order to preserve the possibility of his doing so, this case will be dismissed without prejudice. An appropriate judgment will be entered. DONE, this the 10th day of January, 2025. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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