Slater v. King Soopers

Slater v. King Soopers

Opinion

 [*809]  MEMORANDUM OPINION AND ORDER

CARRIGAN, J.

Pro se plaintiff Shawn P. Slater commenced this civil rights action against the defendant King Soopers, Inc. Defendant has filed a motion to dismiss or for summary judgment. Plaintiff has not responded to that motion. The issues have been fully briefed and oral argument would not assist decision. Subject matter jurisdiction is contested.

A. Summary Judgment Motion.

Defendant contends that it is entitled to summary judgment because the plaintiff's claim is preempted by Section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185.

Defendant's motion for summary judgment is without merit. Plaintiff's ] claim of religious discrimination is not preempted by the LMRA. Alexander v. Gardner-Denver Co., 415 U.S. 36, 51, 39 L. Ed. 2d 147, 94 S. Ct. 1011 ((1974).

B. Motion to Dismiss.

Defendant argues that the plaintiff's action should be dismissed because: (1) the plaintiff's complaint fails to sufficiently [**2]  allege jurisdiction; and (2) the plaintiff has not stated a claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, because membership and participation in the Klu Klux Klan (KKK) is not protected by Title VII.

 [*810]  Although the defendant is correct that the plaintiff's complaint does not allege a basis for jurisdiction, generally a technical defect in a pro se pleading will not result in dismissal of the action. Thus, the only issue remaining is whether the plaintiff has stated a claim under Title VII.

Plaintiff alleges that he was discharged from his employment with King Soopers as a result of his political and religious beliefs. Although the complaint does not specify what the plaintiff's religious and political beliefs are, an examination of the exhibits attached to the complaint reveals that the plaintiff is affiliated with the KKK. Plaintiff asserts that he was discharged because of an Adolph Hitler Rally that he organized and in which he participated on April 20, 1991.

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