Massiah v. Securitas Security Services USA, Inc.
8:14-cv-00779
M.D. Fla.Jul 28, 2014Background
- Plaintiff Ezekiel Massiah, over 80, worked as a security officer for Securitas ~7.5 years and was terminated in October 2012.
- Massiah alleges age-based harassment (comments he was “too old”) and complained to his employer multiple times.
- He filed an EEOC charge for age discrimination and retaliation on January 25, 2013, received a right-to-sue notice January 23, 2014, and sued on April 2, 2014.
- Defendant moved to dismiss under Rule 12(b)(6) for failure to state ADEA claims.
- The complaint included attached exhibits; the court treated those as part of the pleading and applied the Twombly/Iqbal plausibility standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Massiah stated an ADEA disparate-treatment claim | Massiah alleges age harassment, termination, and that he is over 40 | Defendant contends complaint lacks allegations that similarly situated younger employees were treated better and that Massiah was qualified | Dismissed without prejudice for failure to allege comparator treatment and qualification |
| Whether Massiah stated an ADEA retaliation claim | Massiah alleges he complained about age discrimination, suffered termination, and that termination was causally related | Defendant argued all claims fail as a matter of law | Retaliation claim survives 12(b)(6): allegations suffice to plead protected activity, adverse action, and causal link |
| Relief: Pleading defects and amendment | Massiah seeks to proceed on his claims | Defendant sought dismissal but asked for leave to amend alternatively | Court granted leave to amend; Massiah given 21 days to file an amended, clear, numbered complaint (avoiding shotgun pleading) |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleadings must state plausible claims; legal conclusions not assumed true)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
- Burke-Fowler v. Orange County, Fla., 447 F.3d 1319 (11th Cir. 2006) (elements of ADEA disparate-treatment claim)
- Webb-Edwards v. Orange Cnty. Sheriff's Office, 525 F.3d 1013 (11th Cir. 2008) (elements of ADEA retaliation claim)
- Day v. Taylor, 400 F.3d 1272 (11th Cir. 2005) (documents attached to a complaint are part of the pleading)
- Linder v. Portocarrero, 963 F.2d 332 (11th Cir. 1992) (court accepts complaint allegations as true on motion to dismiss)
- Quality Foods de Centro Am., S.A. v. Latin Am. Agribusiness Dev. Corp. S.A., 711 F.2d 989 (11th Cir. 1983) (same)
- Johnson Enters. of Jacksonville, Inc. v. FPL Group, Inc., 162 F.3d 1290 (11th Cir. 1998) (warning against shotgun pleadings)