United States District Court, E.D. Louisiana
JOSEPH THOMPSON, JR.
HOUMA TERREBONNE HOUSING, ET AL.
ORDER AND REASONS
L. C. FELDMAN UNITED STATES DISTRICT JUDGE
the Court is the defendants' motion to dismiss the
plaintiff's amended complaint for failure to state a
claim. For the following reasons, the motion is GRANTED.
an employment discrimination case. Joseph Thompson, Jr.,
pro se, sued the Houma Terrebonne Housing Authority,
Gene Burke, Larry Vauclin, and Barry Bonvillian, alleging:
I believe I was discriminated against because I have filed a
previous complaint against the company Houma Terrebonne
Housing Authority. I also believe I was discriminated against
because of my race, black; in regards to the previous
complaint I filed with HUD, Houma Courier, FBI, and etc. I
have been denied the right to a [sic] education on my job,
the expiration of his two-year employment contract, Mr.
Thompson alleges that Houma Terrebonne Housing Authority
Board of Commissioners fired him on February 8, 2018; three
white board members voted to fire him: Chairman Barry
Bonvillian, Gene Burke, and Larry Vauclin. In a Charge of
Discrimination filed with the Equal Employment Opportunity
Commission on July 13, 2018, Mr. Thompson checked boxes
indicating that he had been subject to race discrimination
and retaliation; he also wrote:
I. I began my employment with the above Respondent on April
6, 2017 most recently as an Executive Director. On February
8, 2018 I was discharged after a special meeting was called
by Chairman Barry Bonvillian, Gene Burks and Larry Vauclin.
The company employs over 200 persons.
II. On January 25, 2018, a special meeting was held to
terminate my employment. I was hospitalized from January 20,
2018 until January 25, 2018. I had no previous write-ups or
complaints against me. I believe Mr. Bonvillian retaliated
against me for refusing to commit illegal acts involving
contracts and parish property. Mr. Bonvillian would ask me to
give contracts to his friends without it going up for public
bid. I refused to do so. Mr. Bonvillian also requested that I
sell scatter sites to his friends but again I refused. On
another occasion, Mr. Bonvillian wanted me to go to lunch
with a contractor. I refused once again. On February 8, 2018
Mr. Bonvillian breached my contract after he terminated my
III. I believe I have been discriminated against based on my
race (Black) and retaliated against in violation of Title VII
of the Civil Rights Act of 1964 as amended.
30, 2018, the EEOC issued a right to sue letter. On October
9, 2018, proceeding pro se, Mr. Thompson filed this
lawsuit and was granted permission to proceed in forma
pauperis. The defendants moved to dismiss Mr.
Thompson's complaint for failure to state a claim. On
February 6, 2019, the Court granted the motion to dismiss
without prejudice, affording Mr. Thompson an opportunity to
amend his complaint.
being granted two extensions, the plaintiff filed an amended
complaint. In his amended complaint, Mr. Thompson restates
the original complaint verbatim, includes a list of witnesses
that the plaintiff plans to call in support of his claims,
states that Bonvillian mistreated him along with other
members of the “black community, ” and, finally,
states that he was wrongfully fired because of his race and
because he refused to break the law. The defendants now move
to dismiss the amended complaint.
considering a Rule 12(b)(6) motion, the Court
“accept[s] all well-pleaded facts as true and view[s]
all facts in the light most favorable to the
plaintiff.” See Thompson v. City of Waco,
Texas, 764 F.3d 500, 502 (5th Cir. 2014) (citing Doe
ex rel. Magee v. Covington Cnty. Sch. Dist. ex rel.
Keys, 675 F.3d 849, 854 (5th Cir. 2012)(en banc)). But
in deciding whether dismissal is warranted, the Court will