Russell v. Bellefontaine Habilitation Center
| Jerry Russell |
| Bellefontaine Habilitation Center |
| 4:2012cv01849 |
| October 12, 2012 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Audrey G. Fleissig |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
31
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs claims against Defendants Moody and Dahlen are DISMISSED without prejudice, pursuant to Federal Rule of Civil Procedure 4(m), for lack of timely service. IT IS FURTHER ORDERED that Defendants Post, Hargis, and Wayers motion to dismiss (Doc. No. 26) is GRANTED as follows: PLEASE SEE MEMORANDUM AND ORDER FOR COMPLETE DETAIL Signed by District Judge Audrey G. Fleissig on 10/14/14. (JWJ)
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Filing
12
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants motion to dismiss the consolidated complaints (Doc. No. 11) in this action is GRANTED in part and DENIED in part as follows: 1. Defendants motion to dismiss for failure to name the pr oper party is GRANTED, with leave to amend, and Defendants motion to dismiss on the basis of immunity from suit is DENIED, without prejudice. 2. Defendants motion to dismiss Plaintiffs claims of race and gender discrimination, for failure to exhaust administrative remedies, is GRANTED. 3. Defendants motion to dismiss the allegations of disabilitydiscrimination based on failure to exhaust is DENIED, but Defendants motion to dismiss such claims for failure to state a claim is GRANTED, with leave t o replead. Plaintiff shall have leave to amend his complaint to properly state a claim under the Americans with Disabilities Act. 4. Defendants motion to dismiss Plaintiffs claim based on false statements is GRANTED insofar as the allegations are con strued to state a tort claim under Missouri law, but DENIED to the extent such evidence may support a claim of retaliation. IT IS FURTHER ORDERED that Plaintiff is granted until Monday, July 1,2013, to file an amended complaint to name the pro per party as the defendant in this case, and to properly state a claim for retaliation and for violation of the Americans with Disabilities Act. IT IS FURTHER ORDERED that together with this Order, the Clerk of Court shall provide Plaintiff with a form for filing his amended complaint. (Response to Court due by 7/1/2013.) Signed by District Judge Audrey G. Fleissig on 6/18/2013. (KSH)
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Filing
4
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion to appoint counsel is DENIED without prejudice. [Doc. No. 2.]. Signed by District Judge Audrey G. Fleissig on 10/16/2012. (KSM)
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| Plaintiff: Jerry Russell | |
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| Defendant: Bellefontaine Habilitation Center | |
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