United States District Court, D. Minnesota
REPORT AND RECOMMENDATION
JANIE S. MAYERON, Magistrate Judge.
Plaintiff has filed a Complaint seeking redress for Defendants' alleged violations of federal employment discrimination laws. (Doc. No. 1.) Along with the Complaint, Plaintiff filed an application for leave to proceed in forma pauperis ("IFP"), which is now before the Court. (Doc. No. 2.) Because Plaintiff filed an IFP application, his Complaint is subject to an initial screening under 28 U.S.C. § 1915 to determine whether the action is frivolous or malicious, fails to state a claim on which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). For the reasons below, pursuant to 28 U.S.C. § 636 and Local Rule 72.1, this Court recommends that the Complaint be summarily dismissed in part for failure to state a claim against the individual supervisors and co-workers Plaintiff has named as Defendants in this action. The Court further recommends that this action proceed only against Plaintiff's former employer, the Minnesota Department of Transportation, and that his IFP application be granted.
Plaintiff brings this employment-discrimination action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et. seq., asserting: (1) that he was harassed on the basis of his national origin; and (2) that his employer failed to promote him and ultimately terminated his employment in retaliation for his complaints about being harassed. ( See Doc. No. 1 ("Compl.") ¶¶ 3.a., 8, and 9.) Before he filed this lawsuit, Plaintiff submitted a charge with the Equal Employment Opportunity Commission and obtained a Notice of Right to Sue on June 30, 2014. (Compl. ¶¶ 6-7; id. at 15 (June 30, 2014 Notice of Right to Sue Within 90 Days).) The Notice of Right to Sue informed Plaintiff that he has a "right to institute a civil action under Title VII... against the [Minnesota Department of Transportation]." (Comp. at 15.)
In his Complaint, Plaintiff has named the Minnesota Department of Transportation ("MNDOT") as a Defendant. Plaintiff alleges that he began working for MNDOT as a Transportation Associate in August 2012. (Compl. ¶ 10.) He states that he was harassed on the basis of his national origin as an Iraqi, and when he complained about the harassment, his employer retaliated against him. ( Id. ) Plaintiff alleges that just after he complained about the harassment, MNDOT retaliated against him by extending his period of probationary employment a mere thirteen days before he was to receive a promotion, and by terminating his employment on October 14, 2013. ( Id. )
Plaintiff has also sued several individuals he identifies as former supervisors and co-workers for their allegedly discriminatory acts, which he describes in varying degrees of detail. For example, Plaintiff alleges that his supervisor and "team leader, " Defendant Joe Fogarty, falsely accused Plaintiff of speeding in a MNDOT vehicle, referred to Plaintiff as an "Iraqi insurgent or mercenary, '" threatened to kill Plaintiff when he complained about Fogarty's comments, swore at Plaintiff and referred to him as "stupid, " and concocted a scheme at a job site so that Plaintiff would be punished for absenteeism. (Compl. ¶¶ 11-12, 15-16, 18-20.) Plaintiff also names a co-worker, Tracey Taylor, as a Defendant, and appears to allege that she was also involved in accusing him of speeding in a MNDOT vehicle. ( Id. ¶ 11.)
Plaintiff asserts that another supervisor, Defendant Robert Langanki, sided with Fogarty when Plaintiff raised complaints about Fogarty's behavior. He also alleges that Langanki showed favoritism to Fogarty because Fogarty's uncle is Langanki's close friend. (Compl. ¶ 17.)
Further, Plaintiff alleges that Defendant David Redig, who is Langanki's supervisor, was also present at a meeting addressing Plaintiff's complaints regarding Fogarty's behavior. Redig apparently showed favoritism to Fogarty as well. (Compl. ¶ 17.)
Plaintiff also appears to claim that Defendant Laurie Steiger, who acted as MNDOT's investigator on Plaintiff's discrimination complaints, conducted an inadequate investigation. He alleges that Steiger erroneously recorded the date that Plaintiff began making complaints about discrimination so that it would appear that the extension of Plaintiff's probation was non-retaliatory. ( See Compl. ¶¶ 21, 24.) Plaintiff further states that Steiger documented the facts concerning Plaintiff's claims of discrimination in a manner that was designed to cover up MNDOT's retaliation against him. ( Id. ¶ 27.) Plaintiff also appears to allege that Steiger issued a report that was critical of Plaintiff's work, but he claims this was inconsistent with his previous three performance appraisals. ( Id. ¶ 22.)
Another individual Plaintiff has named as a Defendant is Patty Ackdahl, identified in the Complaint as an "Administrative Manager, " and Plaintiff asserts that she "played a big role in discrimination (retaliation) against Plaintiff." (Compl. ¶ 21.) However, all Plaintiff says about Ackdahl is that he left her a message regarding his discrimination complaints, and when he asked for a transcript of that message, his employer never provided one. ( Id. )
Defendant Jeff Valamnick, identified in the Complaint as the "District 6 Engineer, " allegedly met with Plaintiff and Steiger to discuss Plaintiff's complaints of discrimination. (Compl. ¶ 28.) According to Plaintiff, Valamnick told him that because MNDOT had invested money in Plaintiff's employment, MNDOT wanted to keep him around as an employee. However, Valamnick refused to consider Plaintiff's references to another employee who "suffered the same discrimination from the same defendant for 7 years" and would not consider that other employee as a witness in support of Plaintiff's complaints. ( Id. )
Plaintiff also asserts that Defendant Doungdy Kong, identified in the Complaint as the "Maintenance Second Supervisor, " was involved in Defendant Fogarty's attempts to make it appear that Plaintiff was absent from work when he was present. (Compl. ¶ 29.) Plaintiff further asserts that Defendant Kong repeatedly told Plaintiff to show up for an important meeting on October 14, 2013, but no meeting took place that day, when Plaintiff was fired from employment with MNDOT. ( Id. )
Although Plaintiff names Charles A. Zelle, Gabe Perkins, and Scott Allen as Defendants, he has not described the roles any of these individuals played in any allegedly discriminatory act. ( See Compl. ¶ 2.a. (containing the only reference to Charles A. Zelle in the pleading other than in the caption); id. at 14, ¶ 2.i. (containing the only reference to Scott Allen other than in the caption); id. ¶ 21 (mentioning Gabe ...