Davis v. Carty

Background

On March 13, 2025, the court held that Shianne C. Davis’s complaint failed to state a claim on which relief could be granted and gave her 60 days to file an amended complaint. The court later granted multiple extensions. It explained that Davis could use the court’s Amended Employment Discrimination Complaint form, identify the statutes and protected classes involved, provide facts supporting a direct or plausible indirect inference of discrimination, and attach the Equal Employment Opportunity Commission’s notice of the right to sue.

On August 22, 2025, Davis filed a narrative summary of facts. The filing did not include a caption and was unsigned. The order also noted that, among other things, the proper defendant in a Title VII action by a United States Postal Service employee is the Postmaster General, and that Title VII preempts state-law discrimination claims against a federal employer.

Court’s Action

The court granted Davis leave to file a completed Amended Employment Discrimination Complaint form within 14 days. The form must identify the defendant and the employer’s alleged adverse action, such as termination, constructive discharge, failure to accommodate a disability, or another challenged action. If Davis files the form, the form and her factual statement will be treated together as the operative amended complaint. If she does not, the court will treat the factual statement as the amended complaint and review it under 28 U.S.C. § 1915(e), the statute governing screening of certain complaints filed without prepaying fees.

Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying the required filing fees. This order addressed amendment and screening procedures; it did not decide the ultimate merits of Davis’s discrimination claims.