Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Richards v. Speer

United States District Court, W.D. Kentucky, Paducah Division

December 11, 2017

GREGORY RICHARDS, PLAINTIFF
v.
ROBERT SPEER, ACTING SECRETARY OF THE ARMY, DEFENDANT

          Gregory Richards, pro se Plaintiff.

          MEMORANDUM OPINION AND ORDER

          Thomas B. Russell, Senior Judge

         This case comes before the Court upon motion by Defendant Robert Speer (“Defendant”) for a partial dismissal of Plaintiff Gregory Richards' (“Plaintiff”) claims against him. [DN 19.] Plaintiff has responded, [DN 24], and Defendant has replied. [DN 27.] This matter is ripe for adjudication. For the following reasons, Defendant's motion is GRANTED in part and DENIED in part.

         I. Background

         Plaintiff is a United States Army employee, currently working at Fort Campbell, Kentucky. [DN 19, at 1.] In his Complaint, Plaintiff alleges that, from 2009 to 2012, various incidents occurred in his workplace, which have given rise to his present lawsuit for violations of Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e et seq. Specifically, Plaintiff has alleged race and sex discrimination, as well as retaliation, arising out of at least nine separate incidents, described below.

         January 2009. Plaintiff alleges in his Complaint that in January 2009, Fran Ripley, an Asian-American female employee, was hired by the Army and assigned as a GS-12 Budget Analyst (0560). [DN 1, at 3.] Plaintiff further alleges that this vacancy was never announced. [Id.]

         April 2009. Plaintiff next alleges that in April 2009, he was transferred to Fort Campbell from Virginia, and was reassigned from his old position as a Budget Analyst (0560) to a Financial Management Analyst (0501) because of personnel shortages. [Id.] Plaintiff claims he did not desire this reassignment because it limited his opportunities for advancement. [Id.] However, he goes on to state that Pamela Lowery, the individual who initiated his transfer, told him that the new position would not hinder his advancement opportunities and that if he did not enjoy the position, he could look for a different one. [Id.]

         October 2009. Plaintiff alleges that in October 2009, Ripley was reassigned as a Supervisory Budget Analyst (0560). [Id.]

         November 2009. Plaintiff alleges that in November 2009, Althea Fulcher, a Caucasian female, was reassigned from her position as a GS-11 Financial Management Analyst (0501) to the position of GS-11 Budget Analyst (0560). [Id.] According to Plaintiff, this meant that she was leaving the department that was supposedly short-handed and moving to the position he had been forced to vacate in April of that year. [Id.]

         December 2009. Plaintiff alleges that in December 2009, Vicky Choate, a Caucasian female, was chosen to fill Ripley's previous position as a GS-12 Budget Analyst (0560). [Id.]

         January 2010. Plaintiff alleges that in January 2010, the new Budget Officer, Rodney King, selected Fulcher to become the new GS-12 Supervisory Budget Analyst (0560). [Id. at 4.]

         March 2010. Plaintiff alleges that in March 2010, Lowery “brought over another GS-12, Rita Stacey, ” a Caucasian female. [Id. at 3.] Plaintiff alleges that this vacancy was never announced. [Id.]

         May 2010. Plaintiff alleges that in May 2010, Dennis Jablonske, a Caucasian male, was selected as the new GS-12 Financial Management Analyst (0501). Plaintiff also claims that this was the first complaint he filed based on race discrimination and “being more qualified.” [Id. at 4.] Plaintiff goes on to provide that he “had been assigned to this organization for ten years at this point….” [Id.]

         February 2012. Plaintiff alleges that in February 2012, Angela Solorzano, a Caucasian female who was previously a GS-11 trainee, was given the GS-12 Budget Analyst position. [Id.] Plaintiff claims that this provided the basis for his second complaint for race and gender discrimination and retaliation. [Id.]

         September 2012. Plaintiff alleges that in September 2012, Laura Garvin, a Caucasian female, was given a Supervisory Budget Analyst position. [Id.]

         It is unclear exactly which vacancies that Plaintiff applied for. His Complaint states that, as of January 2010, he “had applied for every vaca[nt] position to obtain my GS-12 [except] for one and the 2 that were never announced.” [Id.] Plaintiff essentially claims that he has been passed over for promotions on numerous occasions, and alleges race and gender discrimination, as well as retaliation, all in violation of Title VII of the Civil Rights Act of 1964. In his prayer for relief, Plaintiff asks for an immediate promotion to GS-12 and back-pay from this ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.