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United States District Court for the Eastern District of Virginia, Richmond Division
December 7, 1973
[*1026] MERHIGE, JR., D.J.:
Plaintiff, John F. Bellamy, Jr., seeks monetary and injunctive relief from alleged violations of rights of equal treatment secured to him by statutes of the United States. This action is brought pursuant to 42 U.S.C. §§ 1985(3), 1986 and 2000e, et seq., and jurisdiction is attained pursuant to 28 U.S.C. §§ 1331, 1343, 42 U.S.C. § 2000e-5(f), 2201, et seq. The matter is presently before the Court on defendants' Rule 12(b) (FRCP) motion to dismiss for failure to state a claim on which relief can be granted and plaintiff's response thereto. Upon the material before it, the Court deems the matter ripe for disposition.
The facts alleged as a basis for plaintiff's complaint are readily discernible. Defendant, Mason's Stores, is a private Virginia corporation. On or about February 2, 1972, plaintiff secured employment with Mason's Stores. Five months thereafter, or about July 6, 1972, plaintiff was discharged from his employment and was told by defendant Friedman, Mason's Stores' Area Supervisor, that he was being discharged solely because he was a member of the United Klans of America. Plaintiff further [**2] alleges, and for purposes of this motion the Court accepts as factual, that at all times during his employment with defendant he conducted himself and executed his duties in an exemplary manner.
Initially, plaintiff claims a deprivation of rights guaranteed under 42 U.S.C. § 2000e which prohibits discrimination in employment practices on the basis of race, color, religion, sex or national origin. Neither party claims that the scope of that act extends beyond protection against classification on the bases specifically enumerated above. Plaintiff asserts that since his dismissal was based upon membership in an organization which he contends is racially exclusive in composition and ideology and dedicated to anti-semitism, he falls within the protection afforded by § 2000e. Accepting the exclusivity asserted, there is no indication in the complaint that either plaintiff or any other person was discharged by the defendants because of race. Nor is there any indication that defendants have discriminated in any way against members of the caucasion race. Furthermore, the proclaimed racist and anti-semitic ideology of the organization to which Bellamy belongs takes on, as advanced by [**3] that organization, a narrow, temporal and political character inconsistent with the meaning of "religion" as used in § 2000e. Thus, plaintiff's claim under § 2000e fails to allege facts which indicate discrimination on a basis prohibited by the act, and that claim is, in the Court's view, without merit. 1
Plaintiff's second claim alleges a cause of action premised on 42 U.S.C. § 1985(3) which provides an action for damages against private persons who "conspire . . . for the purpose of depriving, either directly or indirectly, any person or class of persons [**4] of the equal protection of the laws, or of equal privileges and immunities under the law." "Any act" done in furtherance of such a conspiracy whereby another is "deprived of having and exercising any right or privilege of a citizen of the United States" is sufficient to predicate liability.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
368 F. Supp. 1025 *; 1973 U.S. Dist. LEXIS 10753 **; 6 Fair Empl. Prac. Cas. (BNA) 1145; 7 Empl. Prac. Dec. (CCH) P9113
John F. Bellamy, Jr., Plaintiff v. Mason's Stores, Inc. et al., Defendants
deprived, invidiously, discharged, conspire, rights