Jones v. Providence Teachers Union, Local 958
| Cynthia Stephanie Jones |
| Providence Teachers' Union |
| 1:2024cv00279 |
| July 17, 2024 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| John J McConnell |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 MEMORANDUM IN SUPPORT by Cynthia Stephanie Jones in support of #5 Amended Complaint, #2 MOTION for Leave to Proceed in forma pauperis. (Attachments: #1 Email) (Gonzalez Gomez, Viviana) |
| Filing 5 AMENDED COMPLAINT against Providence Teachers' Union, filed by Cynthia Stephanie Jones. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Email) (Gonzalez Gomez, Viviana) |
TEXT ORDER re: #2 MOTION for Leave to Proceed in forma pauperis and #1 Complaint filed by Cynthia Stephanie Jones: The plaintiff has filed along with her Complaint an Application to proceed In Forma Pauperis (IFP) without the prepayment of a filing fee. By doing that, she has compelled the Court to conduct a screening review pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) in order to determine whether the Complaint "state[s] a claim on which relief may be granted." An IFP Application may not be granted unless a Complaint survives the screening process and the Court is authorized to dismiss any Complaint that does not survive screening. This Complaint makes three allegations concerning the alleged failure of the Providence Teachers Union, Local 958 to provide her with fair representation concerning the non-payment of wages for an allegedly on-the-job injury occurring in September 2022. Ms. Jones contends that the failure was motivated by race discrimination, that it violated the Union's duty of fair representation, and that the failure was retaliatory because of an earlier lawsuit she had filed against the Union. The allegations in the Complaint, however, are conclusory and lack factual support. They do not reveal any facts or circumstances surrounding the Union's alleged failure of representation, or even demonstrating it. "[T]he Federal Rules do not require courts to credit a complaint's conclusory statements without reference to its factual context." Ashcroft v. Iqbal, 556 U.S. 662, 686 (2009) (claim of discrimination "on account of [his] religion, race, and/or national origin and for no legitimate penological interest" was conclusory). Particularly with respect to an allegation of a violation of the duty of fair representation, a breach must be predicated on a union's conduct that is "arbitrary, discriminatory, or in bad faith." United Steelworkers of Am., AFL-CIO-CLC v. Rawson, 495 U.S. 362, 372 (1990). This Complaint states no facts from which such a motivation may even be inferred. The plaintiff has thirty (30) days in which to file an Amended Complaint that satisfies the Ashcroft standard. If she files an Amended Complaint, it will be screened for plausible claim. If she fails to file an Amended Complaint, this case will be DISMISSED and the IFP Application DENIED as moot. So Ordered by Chief Judge John J. McConnell, Jr. on 7/25/2024. (Jackson, Ryan)
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| Filing 4 Pro Se Consent to Receive Documents Electronically filed by Cynthia Stephanie Jones. (Attachments: #1 Email)(Hill, Cherelle) |
| CASE PERMANENTLY ASSIGNED Since Chief Judge John J. McConnell, Jr. has determined that this case is in fact related to CA20-514JJM; this case is permanently assigned to Chief Judge John J. McConnell, Jr. for all further proceedings. (Jackson, Ryan) |
| Filing 3 CASE OPENING NOTICE ISSUED (Hill, Cherelle) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Cynthia Stephanie Jones. (Attachments: #1 Email)(Hill, Cherelle) |
| Filing 1 COMPLAINT, filed by Cynthia Stephanie Jones. (Attachments: #1 Civil Cover Sheet)(Hill, Cherelle) (Additional attachment(s) added on 7/17/2024: #2 Email) (Hill, Cherelle). (Attachment 1 replaced on 7/17/2024) (Hill, Cherelle). |
| CASE CONDITIONALLY ASSIGNED to Chief Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. Related Case Number 20-cv-514 based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Hill, Cherelle) |
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| Plaintiff: Cynthia Stephanie Jones | |
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| Defendant: Providence Teachers' Union | |
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