United States District Court, N.D. Texas
CID C. MEADOWS, Plaintiff
CITY OF CROWLEY, Defendant.
MEMORANDUM OPINION AND ORDER
McBRYDE United States District Judge.
for consideration the second motion of defendant, City of
Crowley, to dismiss. The court, having considered the motion,
the response of plaintiff, Cid. C. Meadows, the reply, the
record, and applicable authorities, finds that the motion
should be granted.
operative pleading is her first amended complaint filed April
19, 2017. Doc. 17. In it, she asserts a number of causes
of action arising out of her employment by defendant as a
police officer. Plaintiff says she began her employment with
defendant in or around August 2010. The events about which
she complains began in or around April 2013. Plaintiff says
she filed her first EEOC charge on or about February 19,
2015; she tendered her resignation on or about July 28, 2015;
and, plaintiff filed a second EEOC charge on or about
September 22, 2015. She filed her original complaint on
January 31, 2017. Doc. 1.
of the Motion
maintains that plaintiff has not stated a plausible claim
upon which relief can be granted.
8(a)(2) of the Federal Rules of Civil Procedure provides, in
a general way, the applicable standard of pleading. It
requires that a complaint contain "a short and plain
statement of the claim showing that the pleader is entitled
to relief, " Fed.R.Civ.P. 8(a)(2), "in order to
give the defendant fair notice of what the claim is and the
grounds upon which it rests, " Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (internal quotation
marks and ellipsis omitted). Although a complaint need not
contain detailed factual allegations, the "showing"
contemplated by Rule 8 requires the plaintiff to do more than
simply allege legal conclusions or recite the elements of a
cause of action. Twombly, 550 U.S. at 555 & n.3.
Thus, while a court must accept all of the factual
allegations in the complaint as true, it need not credit bare
legal conclusions that are unsupported by any factual
underpinnings. See Ashcroft v. Iqbal, 556 U.S. 662,
679 (2009) ("While legal conclusions can provide the
framework of a complaint, they must be supported by factual
to survive a motion to dismiss for failure to state a claim,
the facts pleaded must allow the court to infer that the
plaintiff's right to relief is plausible. Iqbal,
556 U.S. at 678. To allege a plausible right to relief, the
facts pleaded must suggest liability; allegations that are
merely consistent with unlawful conduct are insufficient.
Id. In other words, where the facts pleaded do no
more than permit the court to infer the possibility of
misconduct, the complaint has not shown that the pleader is
entitled to relief. Id. at 679. "Determining
whether a complaint states a plausible claim for relief . . .
[is] a context-specific task that requires the reviewing
court to draw on its judicial experience and common
Fifth Circuit has explained: "Where the complaint is
devoid of facts that would put the defendant on notice as to
what conduct supports the claims, the complaint fails to
satisfy the requirement of notice pleading."
Anderson v. U.S. Dep't of Housing & Urban
Dev.. 554 F.3d 525, 528 (5th Cir. 2008). In
sum, "a complaint must do more than name laws that may
have been violated by the defendant; it must also allege
facts regarding what conduct violated those laws. In other
words, a complaint must put the defendant on notice as to
what conduct is being called for defense in a court of
law." Id. at 528-29.
considering a motion to dismiss for failure to state a claim,
the court may consider documents attached to the motion if
they are referred to in the plaintiff's complaint and are
central to the plaintiff's claims. Scanlan v. Tex.
A&M Univ., 343 F.3d 533, 536 (5th Cir.
2003) . The court may also refer to matters of public record.
Davis v. Bayless, 70 F.3d 367, 372 n.3
(5th Cir. 1995); Cinel v. Connick, 15
F.3d 1338, 1343 n.6 (5th Cir. 1994). This includes
taking notice of pending judicial proceedings. Patterson
v. Mobil Oil Corp., 335 F.3d 476, 481 n.l
(5th Cir. 2 0 03). And, it includes taking ...