Lowery v. Colson Caster

IN 	THE 	UNITED STATES DISTRICT COURT
EASTERN 	DISTRICT 	OF 	ARKANSAS
NORTHERN DIVISION
BOBBY LOWERY, 	JR.
V.
COLSON CASTER
PLAINTIFF
No. 	3:25-cv-169-DPM
DEFENDANT
ORDER
Lowery filed an amended complaint with 	many 	more 	details
supporting his 	wrongful 	termination 	claim 	under 	the 	Americans 	with
Disabilities 	Act 	and the 	Family 	and Medical 	Leave 	Act. 	Doc. 	5.
The Court 	must 	screen 	his 	new 	pleading. 	28 	U.S.C. 	§ 	1915(e).
Lowery's 	treatment 	for 	prostate 	cancer 	required 	an 	extended
absence 	from 	work 	at 	Colson 	Caster. 	Lowery 	had 	trouble
communicating 	with Colson 	about 	his 	FMLA 	leave. 	His 	leave 	wasn't
documented; 	and 	he 	was 	fired. 	With 	the 	help 	of 	his 	union
representative, 	Lowery's 	firing 	was 	overturned. 	He 	returned 	to 	work
and 	requested 	an 	accommodation 	for 	regular 	bathroom 	breaks.
Lowery 	discovered that Colson had given his 	position 	to 	a 	coworker
and 	was moving 	him 	to 	another 	department. 	He 	also 	says 	there 	was
workplace 	tension, 	continued 	questions 	about 	his 	whereabouts, 	and
repeated 	disciplinary 	actions. 	Colsen 	eventually 	fired 	Lowery 	for
violating 	its 	attendance 	policy. 	He 	denies 	the violation.
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Lowery's 	claims proceed. 	He 	has 	stated 	a 	plausible 	failure-to-
accommodate claim under 	the 	ADA. 	Evans 	v. 	Cooperative 	Response
Center, Inc., 	996 	F.3d 	539, 545-47 	(8th 	Cir. 	2021). 	He 	has also stated 	a
plausible 	claim 	that 	his 	FMLA 	leave 	was 	a 	cause 	of his 	firing.
Pulczinski 	v. 	Trinity 	Structural 	Towers, 	Inc., 	691 	F.3d 	996, 	1007
(8th 	Cir. 	2012).
The 	Court 	directs 	the 	Clerk 	to 	issue 	summons 	for Colson 	Caster,
LLC, 	and 	deliver 	it, 	along 	with 	a 	copy 	of the 	complaint, 	amended
complaint, 	the 	screening 	Order, 	and 	this 	Order 	to 	the 	Marshal.
The Marshal 	must 	serve 	process, 	without 	prepayment 	of 	fees, 	by
registered 	mail, restricted 	delivery, 	return 	receipt 	required, 	on 	Colson
Caster, 	LLC's 	registered 	agent, 	Cogency Global, 	Inc., 	300 	W. 	Spring 	St.,
Ste. 900, 	Little 	Rock, 	AR 	72201.
So 	Ordered.
A7vi
D.P. 	Marshall 	Jr.
United 	States 	District 	Judge
-2-
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