Sidney Keys, Sr. v. Hertz Rental

Summary

The United States District Court for the Eastern District of Missouri dismissed Sidney Keys’s pro se complaint against Hertz Rental without prejudice under 28 U.S.C. § 1915(e)(2)(B). The court held that the complaint failed to plausibly allege discriminatory intent supporting a claim under 42 U.S.C. § 1981. The court granted leave to proceed without prepaying fees or costs and denied the motion to appoint counsel.

Holdings

1. The complaint failed to state a plausible § 1981 claim because Plaintiff alleged no facts from which the court could infer that Hertz acted with discriminatory intent or racial animus.
2. The court was required to dismiss the action without prejudice because the complaint failed to state a claim upon which relief could be granted.

Questions Presented

1. Whether the complaint plausibly alleged racial discrimination under 42 U.S.C. § 1981.
2. Whether the complaint was subject to dismissal on initial review under 28 U.S.C. § 1915(e)(2)(B).
3. Whether Plaintiff's motion to appoint counsel should be granted.

Disposition

dismissed