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Cyprian v. Auburn University

United States District Court, M.D. Alabama, Northern Division
May 10, 2010
CASE NO. 2:10-cv-226-MEF (M.D. Ala. May. 10, 2010)

Opinion

CASE NO. 2:10-cv-226-MEF.

May 10, 2010


MEMORANDUM OPINION AND ORDER


This cause is before the Court on the defendants' Motion to Dismiss (Doc. # 10), filed on April 9, 2010. For the following reasons, the motion is due to be granted.

On March 13, 2010, the plaintiff, Alecia T. Cyprian ("Cyprian"), filed a civil complaint against two defendants: her former employer, Auburn University Montgomery, and her former supervisor, Katherine A. Jackson. The complaint alleges that the defendants violated federal anti-discrimination laws by subjecting Cyprian to a racially hostile work environment (Count One) and by firing her because of her race (Count Two) and in retaliation for her complaints about the racial hostility of the work environment (Count Three).

The defendants now argue that Cyprian's complaint is inadequate under the pleading standard set out in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). Under Twombly and Iqbal, to survive a motion to dismiss under Rule 12(b)(6), "a complaint must contain enough factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'" Iqbal, 129 S. Ct. at 1950 (quoting Twombly, 550 U.S. at 570). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. A complaint "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 559.

The Court agrees that Cyprian's complaint does not satisfy the Twombly-Iqbal pleading standard. It contains almost no factual content: it does not specifically explain how the work environment was racially hostile to Cyprian, nor does it proffer any facts to support a plausible claim that the defendants fired Cyprian because of her race or because of her complaints about the racial hostility of the work environment. As the Supreme Court's rulings in Twombly and Iqbal make clear, Cyprian's bald assertions are not enough. She must go beyond her "unadorned, the-defendant-unlawfully-harmed-me accusation[s]," 129 S. Ct. at 1950, and assert plausible claims supported by sufficient facts.

Therefore, it is hereby

ORDERED that the defendants' Motion to Dismiss (Doc. # 10) is GRANTED. This Court will dismiss Cyprian's case unless she files an amended complaint consistent with this Memorandum Opinion and Order on or before May 25, 2010.

A copy of this checklist is available at the website for the USCA, 11th Circuit at www.ca11.uscourts.gov Effective on April 9, 2006, the new fee to file an appeal will increase from $255.00 to $455.00. CIVIL APPEALS JURISDICTION CHECKLIST

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Summaries of

Cyprian v. Auburn University

United States District Court, M.D. Alabama, Northern Division
May 10, 2010
CASE NO. 2:10-cv-226-MEF (M.D. Ala. May. 10, 2010)
Case details for

Cyprian v. Auburn University

Case Details

Full title:ALECIA T. CYPRIAN, Plaintiff, v. AUBURN UNIVERSITY, MONTGOMERY, et al.…

Court:United States District Court, M.D. Alabama, Northern Division

Date published: May 10, 2010

Citations

CASE NO. 2:10-cv-226-MEF (M.D. Ala. May. 10, 2010)

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