Franklin v. Drew County Sanitation

United States District Court for the Eastern District of Arkansas

Franklin v. Drew County Sanitation

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION

BAMMA FRANKLIN PLAINTIFF

No. 5:19-cv-231-DPM

DREW COUNTY SANITATION DEFENDANT ORDER 1. Franklin’s motion to proceed in forma pauperis, Ne 1, is granted. She can’t afford the filing fee. 2. The Court must screen Franklin’s complaint.

28 U.S.C. § 1915

(e)(2). Franklin was a truck driver for Drew County Sanitation. She alleges that a fellow employee sexually harassed and assaulted her while she was in training. And she says another coworker continued to harass her after the employee who allegedly assaulted her resigned. That’s a plausible claim for a hostile work environment under Title VII. LeGrand v. Area Resources for Community and Human Services,

394 F.3d 1098, 1101-02

(8th Cir. 2005). Her race discrimination claim goes forward, too. Franklin claims a white employee was given light duty after an injury, while she wasn’t. It’s unclear whether being denied light duty was an adverse employment action, but it’s plausible. Ledergerber v. Stangler,

122 F.3d 1142, 1144

(8th Cir. 1997). Franklin has also pleaded a plausible retaliation claim. She says that Drew County

Sanitation fired her for reporting the harassment to her supervisor. Twymon v. Wells Fargo & Company,

462 F.3d 925, 936

(8th Cir. 2006). 3. The Clerk should prepare and deliver a summons, along with a copy of the complaint and this Order, to the U.S. Marshal for service on Drew County Sanitation without prepayment of fees and costs or security. So Ordered. WPv4nstell §. D.P. Marshall Jr. United States District Judge G fliqist 2019

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Reference

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