Keys v. Busey Bank, 4:25-cv-00872

Plaintiff Sidney Keys sued Busey Bank alleging racial discrimination and civil rights violations after his savings account was closed and he was denied certain rewards.
Keys claimed he was required to open a savings account to apply for a secured credit card, which he alleges was not standard procedure.
He further claimed a rental car company (Hertz) improperly charged his card, causing penalties from Busey Bank.
Plaintiff sought to proceed in forma pauperis and also requested appointment of counsel.
The court reviewed his complaint under 28 U.S.C. § 1915(e)(2), which requires dismissal of actions that are frivolous or fail to state a claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether complaint states a plausible § 1981 claim	Keys alleged he was discriminated against by Busey Bank	Not discernible	No plausible claim stated
Whether Plaintiff belongs to a protected class	Not expressly stated, implicitly claimed in discrimination theory	Not discernible	Court cannot assume unpled facts
Whether discriminatory intent is present	Implied by requiring extra account and penalties for Hertz's acts	Not discernible	No facts suggest intent
Whether appointment of counsel is justified	Requested in motion	Not discernible	Denied as moot

Neitzke v. Williams, 490 U.S. 319 (action is frivolous if it lacks an arguable basis in law or fact)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading must state a plausible claim for relief)
Ashcroft v. Iqbal, 556 U.S. 662 (court must draw reasonable infererence of liability from factual allegations)
Estelle v. Gamble, 429 U.S. 97 (courts liberally construe pro se complaints)
Martin v. Aubuchon, 623 F.2d 1282 (liberal construction does not excuse lack of factual allegations)