United States District Court, M.D. Tennessee, Nashville Division
RICHARDSON UNITED STATES DISTRICT JUDGE.
Cassandra McGuire, a Tennessee resident, filed a pro
se complaint against Highmark Holdings, Enfield
Management, Robbie King, and Glenda Shamwell. (Doc. No. 1.)
Plaintiff also filed an application to proceed in this Court
without prepaying fees and costs (Doc. No. 2), as well as
supplements to the Complaint regarding her medical condition
(Doc. No. 4) and damages (Doc. Nos. 5 and 6). The Complaint
is before the Court for an initial review.
Application to Proceed as a Pauper
Court may authorize a person to file a civil suit without
paying the filing fee. 28 U.S.C. § 1915(a). Although
Plaintiff does not calculate her total monthly expenses and
income (Doc. No. 2 at 2, 5), it appears that she does not
have sufficient financial resources to pay the $400.00 filing
fee in advance. Accordingly, Plaintiff's application
(Doc. No. 2) will be granted.
Court must review and dismiss any action filed in forma
pauperis if it is frivolous or malicious, fails to state
a claim upon which relief may be granted, or seeks monetary
relief against a defendant who is immune from such relief. 28
U.S.C. § 1915(e)(2)(B). The Court must also construe a
pro se complaint liberally, United States v.
Smotherman, 838 F.3d 736, 739 (6th Cir. 2016) (citing
Erickson v. Pardus, 551 U.S. 89, 94 (2007)), and
accept the factual allegations as true unless they are
entirely without credibility, see Thomas v. Eby, 481
F.3d 434, 437 (6th Cir. 2007) (citing Denton v.
Hernandez, 504 U.S. 25, 33 (1992)).
“Statement of Claim” section of the Complaint
form, Plaintiff writes “see attached pages.”
(Doc. No. 1 at 4.) There are about eighty pages attached to
the Complaint, and most appear to be supporting exhibits.
(See Id. at 11-85.) The five pages immediately
following the Complaint contain some factual allegations, but
there also, Plaintiff incorporates some exhibits by
reference. (Id. at 6-7, 9-10.) For the purpose of
conducting an initial review, the Court has liberally
construed the Complaint and incorporated exhibits to
establish the following summary of alleged events. The
following alleged facts are taken as true for purposes of
this initial screening.
Whispering Oaks Apartments
Management Company, LLC (“Enfield Management”)
manages property in Nashville, Tennessee, including
Whispering Oaks Apartments (“Whispering Oaks”)
and Biltmore Place Apartments (“Biltmore Place”).
(Id. at 36.) On August 27, 2017, Enfield Management
hired Plaintiff as a leasing consultant and assigned her to
work at Whispering Oaks. (Id. at 13-15, 36.) While
at Whispering Oaks, Plaintiff and five other residents had
known disabilities. (Id. at 6.) These were
“[m]ainly anxiety disorders, ” (id.),
and Plaintiff herself has anxiety and a “chronic
blockage in [her] heart.” (Id. at 10.)
resident was “not allowed to report drug activity due
to his disability.” (Id. at 6.) Other
Whispering Oaks employees treated lease applicants improperly
in several ways. This includes not allowing one applicant
“to fill out an application due to her anxiety, ”
and asking her “to provide a full deposit” that
was unnecessary for the application process. (Id.)
Nell, an assistant manager, “taunted” an
applicant who “was not competent to Nell's . . .
standards, ” “ridiculed” an applicant
“for her hair, ” and “laughed at” an
applicant who “could not speak English.”
(Id.) Nell's conduct “resulted in a
co-workers called her a “harasser” and
“intimidator” and attacked her in meetings.
(Id.) This behavior “was accepted by
man[a]gers.” (Id.) “[T]he manager
notes” reflect that her co-workers' conduct
“was to be portrayed as a personality conflict, not
anything else.” (Id.) In addition, Enfield
Management refused to train Plaintiff. (Id. at 7.)
Plaintiff eventually sent the owner of the company an e-mail
stating that she “couldn't breathe.”
(Id. at 6.)
Biltmore Place Apartments
point, Enfield Management transferred Plaintiff to work at
Biltmore Place. (Id. at 37.) Here also, management
was “aware of [her] disability.” (Id. at
8.) Juan, a manager at Biltmore Place, persistently
complained about “law, illegal activity, people with
money, poor people, section 8 residents, the residents in
general, the District Manager, and” an acquaintance of
Plaintiff's who was an attorney in another state.
(Id.) Juan was negligent as to public safety and