Legal Opinion

Beaven v. Kansas

District Court, D. Kansas

Decided September 23, 2003No. CIV.A.02-2535-CMPublished

1Opinion of the Court

MEMORANDUM AND ORDER

MURGUIA, District Judge.

Plaintiff brought an employment discrimination claim against her former employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiff asserts claims of sexual harassment, retaliation, and constructive discharge. Pending before the court is defendant’s Motion to Dismiss plaintiffs action pursuant to Fed.R.Civ.P. 12 (Doc. 5). 1

I. Standard

The court will dismiss a cause of action for failure to state a claim only when it appears beyond a doubt that the plaintiff can prove no set of facts in support of the theory of…

2Cases cited9 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Neitzke v. WilliamsSupreme Court of the United States · 1989
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Davis v. SchererSupreme Court of the United States · 1984
  5. Reed v. BennettCourt of Appeals for the Tenth Circuit · 2002

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