Name of Assigned Judge Sitting Judge if Other or Magistrate
Judge Amy J. St. Eve than Assigned Judge
The Court grants Defendants' motions to dismiss  and dismisses this lawsuit in its entirety. All pending dates and deadlines are stricken. Civil case terminated.
O[ For further details see text below.] Notices mailed by Judicial staff.
On May 25, 2010, pro se Plaintiff Tony Humphrey filed the present race discrimination claim against his former employer Defendant Elgin Mental Health Center (the "Center"), which is part of the Illinois Department of Human Services, as well as Defendant Darek Williams, and Defendant AFSCME Council 31 ("AFSCME") based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. Before the Court is the Center's and Williams' motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) and AFSCME's motion to dismiss pursuant to Rule 12(b)(6). For the following reasons, the Court grants Defendants' motions and dismisses this lawsuit in its entirety.
"A motion under Rule 12(b)(6) challenges the sufficiency of the complaint to state a claim upon which relief may be granted." Hallinan v. Fraternal Order of Police of Chicago Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). Pursuant to Rule 8(a)(2), a complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). The short and plain statement under Rule 8(a)(2) must "give the defendant fair notice of what the claim is and the grounds upon which it rests." Bell Atlantic v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S. Ct. 99, 2 L.Ed.2d 80 (1957)). Under the federal notice pleading standards, a plaintiff's "factual allegations must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555. Put differently, a "complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (quoting Twombly, 550 U.S. at 570). "[W]hen ruling on a defendant's motion to dismiss, a judge must accept as true all of the factual allegations contained in the complaint." Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 167 L.Ed.2d 1081 (2007); McGowan v. Hulick, 612 F.3d 636, 638 (7th Cir. 2010) (courts accept factual allegations as true and draw all reasonable inferences in plaintiff's favor). In determining a Rule 12(b)(6) motion, courts may consider exhibits attached to the pleadings if the complaint refers to the document at issue or if the document is central to the plaintiff's claims. See McCready v. eBay, Inc., 453 F.3d 768, 891 (7th Cir. 2006); Fed.R.Civ.P. 10(c).
The Center hired Humphrey on or around December 1, 1998 and his most recent position with the Center was as a Security Therapy Aid. Humphrey maintains that during his employment at the Center he was suspended in 2006 because he was arrested and charged with a felony. In addition, Humphrey alleges that two white employees were charged with felonies, but were not forced to resign like he was. Humphrey filed a Charge of Discrimination with the EEOC on January 15, 2010 against the Center and the EEOC issued his right-to-sue letter on February 22, 2010.
In the Center's and Williams' motion to dismiss, they maintain that on or about June 19, 2009, Humphrey, through his AFSCME representative, and the Center entered into a settlement agreement concerning a discharge action the Center brought against Humphrey. Defendants attach the relevant settlement agreement to their motion. (R. 28-1, Ex. A.) In the agreement, the union agreed to withdraw Humphrey's grievances in exchange for Humphrey's resignation. Pursuant to the agreement, Humphrey received back wages and agreed to "refrain from initiating ... judicial proceedings ...