Evans v. Express Employment Professionals et al
| Kizzy S Evans |
| Express Employment Professionals and Caterpillar Logistics |
| 2:2026cv02118 |
| April 22, 2026 |
| U.S. District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 13, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 SECOND AMENDED COMPLAINT against Caterpillar Logistics, Express Employment Professionals, filed by Kizzy S Evans.(DW) (Main Document 10 replaced on 5/14/2026) (DW). |
| Filing 9 Declaration by Plaintiff Kizzy S Evans. (DW) |
Filing 8
TEXT ORDER entered by Chief Judge Colin S. Bruce on 5/5/2026. On April 28, 2026, this court entered an Order #4 denying Plaintiff's Motion for Leave to Proceed in Forma Pauperis #1 and dismissing her Complaint #3 without prejudice because the Complaint was devoid of any factual allegations that would allow for a plausible inference that the adverse action suffered was connected to Plaintiff's protected characteristics or activities under Title VII. The court found that, while Plaintiff did state that the claim was one of discrimination and retaliation under Title VII, there was no factual allegation allowing the court to see a link between Plaintiff being escorted off the property and her contention that she was discriminated and retaliated against under the federal statute. Plaintiff's Complaint allowed no inference that Defendants engaged in discrimination or retaliation, as Plaintiff did not explain what facts or circumstances lead her to believe the adverse action was because of her membership in a protected class or engagement in a protected activity. Plaintiff has now filed an Amended Complaint #5 and renewed Motion for Leave to Appeal in Forma Pauperis #6 . Plaintiff has expanded on her factual allegations, alleging that: "Plaintiff was working in the same cell with a young Black Caribbean coworker named Siyra, who had earlier given Plaintiff a handwritten note with the name and phone number of her hair braider. (See Exhibit C.) The interaction between Plaintiff and Siyra was friendly and normal, and there were no issues between them prior to Plaintiff being walked off Caterpillar property." Plaintiff also alleges someone filed a false "Ban-the-Box" Complaint under her name. The court finds that, once again, Plaintiff does not explain what facts or circumstances lead her to believe the adverse action was because of her membership in a protected class or engagement in a protected activity. Therefore, Plaintiff's Motion to Proceed in Forma Pauperis #6 is DENIED and Plaintiff's Amended Complaint #5 is DISMISSED without prejudice. Plaintiff has 21 days from the date of this Order to file a second amended complaint. Plaintiff may also refile her motion for leave to proceed in forma pauperis at that time. If Plaintiff does not file an amended pleading within 21 days, this case will be terminated. Plaintiff is warned that a failure to state a claim in her second amended complaint may result in dismissal with prejudice. (DS)
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| Filing 7 Exhibits re #5 Amended Complaint by Kizzy S Evans. (Attachments: #1 Exhibits Continued, #2 Exhibits Continued)(DW) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Plaintiff Kizzy S Evans. Responses due by 5/18/2026 (DW) Modified on 5/5/2026 to correct filing date (DW). |
| Filing 5 FIRST AMENDED COMPLAINT against Caterpillar Logistics Services Inc, Express Employment Professionals, filed by Kizzy S Evans.(DW) Modified on 5/5/2026 to correct filing date (DW). |
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Filing 4
ORDER entered by Chief District Judge Colin Stirling Bruce on 4/28/2026. Plaintiff's Motion for Leave to Proceed in Forma Pauperis #1 is DENIED at this time. Plaintiff's pro se Complaint #3 is dismissed without prejudice under 28 U.S.C. 1915(e)(2)(B). Plaintiff has 21 days from the date of this Order to file an amended complaint. Plaintiff may also refile their motion for leave to proceed in forma pauperis at that time. If Plaintiff does not file an amended pleading within 21 days, this case will be terminated. See written Order. (Amended Pleadings due by 5/19/2026.)(DS) Modified on 5/12/2026 to correct typographical error (SKR).
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| Filing 3 COMPLAINT against Caterpillar, Express Employment Professionals, filed by Kizzy S Evans. (Attachments: #1 Civil Cover Sheet)(BMG) |
| Filing 2 Exhibits by Kizzy S Evans. (Attachments: #1 Exhibit)(DW) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Kizzy S Evans. Responses due by 5/6/2026 (DW) |
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