Hayes v. Community General Osteopathic Hospital

MEMORANDUM

CALDWELL, District Judge.

Pursuant to Fed.R.Civ.P. 12(b)(6), defendants, Community General Osteopathic Hospital (CGOH) and Bert McBrayer, have filed a “motion for partial dismissal,” seeking to dismiss count II of plaintiffs complaint. 1 Plaintiff’s two count complaint alleges he was discriminatorily discharged from employment with CGOH because of race. Count I is based upon Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and count II on 42 U.S.C. § 1981. Defendants argue that in light of the Supreme Court’s decision in Patterson v. McLean Credit Union, — U.S.…