United States District Court, W.D. Kentucky, Paducah Division
Gregory Richards, pro se Plaintiff.
MEMORANDUM OPINION AND ORDER
B. Russell, Senior Judge
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
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.
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.]
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.]
2009. Plaintiff alleges that in October 2009, Ripley
was reassigned as a Supervisory Budget Analyst (0560).
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.
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).
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.]
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.]
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.]
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.]
2012. Plaintiff alleges that in September 2012,
Laura Garvin, a Caucasian female, was given a Supervisory
Budget Analyst position. [Id.]
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 ...