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Kill v. Community Healthnet, Inc.

United States District Court, N.D. Indiana, Hammond Division

October 26, 2016

HEATHER KILL, Plaintiff,
v.
COMMUNITY HEALTHNET, INC., et al., Defendants.

          OPINION AND ORDER

          JAMES T. MOODY, JUDGE, UNITED STATES DISTRICT COURT [*]

         This matter is before the court on defendants' motion to dismiss (DE # 21) count IV of plaintiff's amended complaint (DE # 19) pursuant to Federal Rule of Civil Procedure 12(b)(6). The well-known legal standard applicable is that, with the complaint's factual allegations accepted as true, dismissal for failure to state a claim pursuant to Rule 12(b)(6) is appropriate when those facts are not enough to make a right to relief plausible, meaning more than speculative. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556 (2007); Vinson v. Vermilion Cty., Illinois, 776 F.3d 924, 928 (7th Cir. 2015). To avoid dismissal, the well-pleaded factual content must allow the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678.

         In count IV of her amended complaint plaintiff Heather Kill (“Kill”) pleads termination of her employment services contract with defendant Community HealthNet, Inc. (“CHNI”) on the basis of her race, and retaliation, in violation of 42 U.S.C. § 1981. Specifically, Kill's allegations include the following pertinent paragraphs, numbered as in her complaint:

4. . . . Defendant, Dr. Janet Seabrook . . . owns and/or operates CHNI, [and] was a primary decision-maker concerning Kill . . ..
. . . .
7. Kill is a White/Caucasian female.
8. CHNI's Chief Executive Officer/Director Dr. Janet Seabrook is a black/African-American female.
. . . .
74. Upon information and belief, at times relevant to Plaintiff's Amended Complaint, around seventy-five percent (75%) of the providers (mid-level and physician-level) employed at CHNI, including Dr. Seabrook, are not White/Caucasian.
75. Around April 30, 2015, Kill complained to CHNI about less favorable treatment, harassment and hostile work environment that Kill suffered at CHNI.
. . . .
79. Defendants retaliated against Kill by terminating Kill's employment [contract].
. . . .
83. Defendants purposely interfered with performance of Kill's employment contract and terminated Kill's contract thereby denying Kill the benefits, privileges, terms, and conditions of her Provider Employment Agreement, all of ...

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