Rayford, Jr. v. Hospital Service Associates, Inc.
3:25-cv-00362
N.D. OhioMar 11, 2025Background
- Plaintiff Kibwe Rayford, Jr. filed numerous pro se employment discrimination suits using nearly identical form complaints, changing only the defendant and job position.
- The instant case was removed from state to federal court after Rayford sued Hospital Service Associates, Inc., alleging discriminatory failure to hire for an Assistant HR position.
- The complaint lacked specific factual allegations unique to this defendant or the claim, merely ticking boxes for protected categories and legal theories.
- Plaintiff sought $15,000 in damages, referencing Title VII, ADA, and EEOA but without substantiating facts for those claims.
- Plaintiff continued to file form motions and similar complaints despite court warnings and a filing injunction by another judge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Complaint | Rayford alleges discrimination based on failure to hire, citing various protected categories, using a generic form. | Challenged on grounds of lacking factual basis and being frivolous. | Court found the complaint offers only conclusions and no facts, failing federal pleading standards; dismissed. |
| Vexatious Litigation | Rayford alleges each filing is a valid discrimination claim. | Defendant and court argue filings are harassing and frivolous. | Court finds Rayford's conduct vexatious, enjoins new filings or motions. |
| Motions for Judgment/Prima Facie | Rayford submitted boilerplate motions seeking judgment. | Motions lack factual support or case-specific information. | Motions denied as frivolous. |
| Right to Appeal | Rayford could appeal dismissal. | Appeal would be groundless in bad faith. | Court certifies appeal may not proceed in good faith. |
Key Cases Cited
- Spotts v. United States, 429 F.3d 248 (6th Cir. 2005) (sets standard for liberal construction of pro se pleadings)
- Apple v. Glenn, 183 F.3d 477 (6th Cir. 1999) (authorizes sua sponte dismissal of implausible or frivolous fee-paid complaints)
- Haines v. Kerner, 404 U.S. 519 (1972) (liberal pleading standard for pro se claims)
- Neitzke v. Williams, 490 U.S. 319 (1989) (distinguishes between legal conclusions and factual allegations in pleadings)
- Morgan v. Church’s Fried Chicken, 829 F.2d 10 (6th Cir. 1987) (legal conclusions alone are insufficient for a valid claim)