Mouton v. HISD et al, No. 4:2018cv04516 - Document 31 (S.D. Tex. 2019)
Court Description: OPINION on Dismissal. Because Mouton has not exhausted her administrative remedies, failed to plead facts supporting her discrimination claim, and sued people for whom she has never worked, her claims must be dismissed. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Mouton v. HISD et al Doc. 31 UNmD STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS United States District Court Southern District of Texas ENTERED § § Plaintiff, § § 'Versus § § Houston Independent School District, et ai., § § Defendants. § May 30, 2019 Jacqueline Mouton, David J. Bradley, Clerk Civil Action H-I8-45I6 Opinion on Dismissal I. Background. Jacqueline Mouton worked as a bus driver for the Houston Independent School District. In January 2018, her bus was hit by a car. Mouton was injured. Mouton went to several doctors for her injury. On February 1,2018, she was told that the injury was preexisting and should return to work. She did not return. HISD mailed Mouton a letter setting a hearing to discuss her absence. Mouton did not appear. HISD fired her for job abandonment. 2. HISD. Mouton has sued HISD for race, color, sex, age, and national ongm discrimination, as well as retaliation. Mouton's complaint to the Equal Employment Opportunity Commission only alleged color discrimination. Her claims for race, sex, age, national origin, and retaliation must be dismissed because Mouton has not exhausted her administrative remedies. Mouton's claim for color discrimination must also be dismissed. The only facts to support her claim for color discrimination are that she "worked with a lot of haters, and was miss [sic] treated by a lot of them" because "the dark skin blacks do not like the light skin blacks. They look at me and hate me because I am beautiful." There coworkers had no authority to fire her, control her work, or other managerial control over Mouton. Their comments resulted in no adverse job action. This is not sufficient to support a color discrimination claim against HISD. Dockets.Justia.com 3. The Others. In addition to HISD, Mouton has sued CCMSI, Dr. Leonard Lopez, Dr. Ung, Concentra, Affordable MR!, and Green Imaging. Mouton's complaint alleges employment discrimination. None of these ever employed Mouton. Neither did they participate in the decision about her job abandonment. They must be dismissed. 4. Conclusion. Because Jacqueline Mouton has not exhausted her administrative remedies, failed to plead facts supporting her color discrimination claim, and sued people for whom she has never worked, her claims must be dismissed. Signed on May ,30 ,2019, at Houston, Texas. ~.~ ·4---- Lynn N. Hughes United States DistrictJudge
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