Carol D. Smith v. St. Bernards Regional Medical Center Fran Bower Dianne Moss Mary Lou Wilson Pat Overman

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Carol D. Smith appeals from the district court’s order, dismissing without prejudice Smith’s complaint of race discrimination for failure to state a claim. We affirm in part, and reverse and remand in part.

Smith, who is black, was employed as a nurse technician at St. Bernards Regional Medical Center (St. Bernards), and, on February 7, 1992, she was terminated for insubordination. Smith filed a complaint with the Equal Employment Opportunity Commission (EEOC), charging that she was terminated because of her color. After exhausting her administrative…