Gueye v. Wells Fargo Bank

Background

Madiabel Gueye, representing himself, sued Wells Fargo Bank, N.A., and Chris Potts, identified as a Wells Fargo manager or employee. He asserted a claim under 42 U.S.C. § 1981, a federal law prohibiting certain racial discrimination in making and enforcing contracts, and a claim for intentional infliction of emotional distress.

Gueye alleged that Wells Fargo employees subjected him and his employees to racial profiling, racial slurs, derogatory comments, suspicion, unequal treatment, and humiliation while they made cash deposits at a Wells Fargo branch near his business. He described two specific incidents. On December 15, 2018, an employee questioned where Gueye obtained $48,356.59, required three forms of identification, and allegedly treated him suspiciously. On March 25, 2019, employees allegedly treated him with suspicion and hostility, said that his cash was $5,000 short, and refused to count it by hand. Gueye also alleged that Wells Fargo employees repeatedly reported cash shortages and estimated that he lost more than $150,000.

Motion to Dismiss

Wells Fargo and Potts moved to dismiss. Gueye did not file an opposition. The court concluded that the two specific incidents were outside the applicable two-year statute of limitations. Gueye knew about the alleged injuries when the incidents occurred in 2018 and 2019, but he did not file suit until 2022.

The court also noted that Gueye alleged discrimination had continued during the previous four years, but he did not provide facts supporting those allegations apart from the time-barred incidents. Because the claims as pleaded were barred by the statute of limitations, the court granted the defendants’ motion to dismiss.

Leave to Amend and Disposition

The court allowed Gueye to file an amended complaint because he might be able to allege actionable conduct occurring during the two years before he filed suit. The amended complaint had to be filed by June 29, 2023, and had to be complete on its own rather than relying on earlier pleadings. The court stated that if Gueye did not file an amended complaint by that date, the action would be dismissed with prejudice as barred by the statute of limitations. Judge Jacquelyn Corley also vacated the scheduled June 1, 2023 hearing.