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Memorandum

Memorandum

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Published by Gianna Scatchell

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Published by: Gianna Scatchell on Jul 07, 2013
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07/07/2013

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MemorandumTo: Prof. ManakFrom: Gianna ScatchellRe: Matter of Richard Rasha
Richard Rasha potentially has 3 causes of action: Violation of Article VII of the Civil RightsStatute; Violation of Color of Law under 42 U.S.C.A s. 1983; and a state claim for breach of contract. The following checklists establish what he will have to plead and prove to prevail undereach of these claims.
Jurisdiction:
This Court has jurisdiction of the claim herein pursuant to28 U.S.C.A.1331and1343(4). This civil action arises under the Constitution and laws of the United States. Plaintiff isalleging a violation of his rights under Title VII of the Civil Rights Act of 1964, as amended,42U.S.C.A. §§ 2000e et seq.and 42 USCA 1983 which is part of the Civil Rights Act of 1866 andits subsequent amendments? In addition, this Court has supplemental jurisdiction to hear the stateclaims of Plaintiff 
[name of plaintiff]
("Plaintiff") set forth in Count III of this complaint under 28 U.S.C.A. § 1367(a).
Venue
herein is proper under 28 U.S.C.A. § 1391(b) and 42 U.S.C.A. § 2000e-5(f)(3). Defendant is a corporate resident of the State of Illinois, doing business therein, and the alleged unlawfulemployment practice was committed within the State of Illinois, in the
(name)
District thereof.Venue is proper in this court under 28 U.S.C.A. § 1391(b)because a substantial part of the eventsthat gave rise to Plaintiff's claims took place within the Northern District of Illinois, EasternDivision.
1)
Drafting a complaint in federal court in action by employee claiming violation of Title VII of Civil Rights Act of 1964
Checklist of matters, among others, that should be alleged in a complaint in federal court inan action by an employee claiming a violation of Title VII of the Civil Rights Act of 1964 (42U.S.C.A. §§ 2000e et seq.):• Intentional discriminatory employment practice involved.
5.
Plaintiff alleges that defendant employer has discriminated against plaintiff by:
a.
Unanimously voting to terminate him after hearing unsubstantiated complaints bycitizens at the meeting that Plaintiff had stolen a tire from a local gas station andthat he was rude to members of the public while on duty.
b.
Several Board members made statements at the meeting the Plaintiff was“incompetent.”
c.
Several Board members made derogatory statements to Plaintiff’s Arabic heritage
d.
Several Board members made derogatory statements to Plaintiff’s Muslimreligious practices
 
e.
Several Board members made derogatory statements questioning his loyalty to theUnited States.
f.
Failing and refusing, and continuing to fail and refuse, to hire plaintiff and hisclass because of his race;
6.
These allegations were false, but the publicizing of the accusation on the 10pm news hasembarrassed and humiliated plaintiff and has and will impair the plaintiff’s ability tosecure future employment.
7.
On ___, 2008, defendant terminated plaintiff from his position of personal director for theVillage of West Moravia.
8.
Defendant did not give plaintiff an opportunity to rebut the charges that he had stolen atire and that he behaved rudely to the residents of West Moravia.
• Plaintiff as aggrieved employee/member of a protected class
Plaintiff is an Arabic male, was hired by Defendant to work as a (position description) in its(office name), located in (name of city and state) during the period of 2005-2010, when he wasterminated effective ___, 2008.
• Statutory provision violated.
o
These acts violate Title VII of the Civil Rights Act of 1964.
Other Factors to consider under Title VII
oHe is qualified to do his job.oNo intent requirement for discrimination required.oAn inference can lead to a violation of the statute.
• Timely filing of charge by employee with, or referral by Equal Employment OpportunityCommission (EEOC) of charge filed by member to, state or local agency authorized to act.
o
I don’t know if we have this information yet!
2) Checklist for Violation of 42 U.S.C.A. s. 1983
• Plaintiff's standing and capacity to sue, if required. See above.• Acts of defendant resulting in violation of plaintiff's civil rights, and illegality of those acts. Seeabove.• Defendant as employer, employment agency, or labor organization within meaning of Act.State actor is Village of West Moravia.• Whether state or local agency authorized to act; Allegation that the conduct alleged wasengaged in under color of state law, and that such conduct subjected plaintiff to the deprivation

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