Cotton v. Transdev Services

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Yazan Cotton,
Plaintiff,
v.
Transdev Services,
Defendant.
No. CV-25-04045-PHX-KML
ORDER
Plaintiff Yazan Cotton filed a complaint and an application to proceed in forma
pauperis. (Doc. 1, 2.) Cotton’s application is granted but the complaint is dismissed with
leave to amend.
Granting an application to proceed in forma pauperis allows to the court to review
the complaint and determine if it states any claim for relief. 28 U.S.C. § 1915(e)(1). To
state a claim for relief the complaint must contain “sufficient factual matter, accepted as
true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (simplified). This is not a “probability requirement,” but a requirement that the
factual allegations show “more than a sheer possibility that a defendant has acted
unlawfully.” Id. A claim is facially plausible “when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged.” Id. Determining whether a complaint states a plausible claim is “a
context-specific task that requires the reviewing court to draw on its judicial experience
and common sense.” Id. at 679.
Case 2:25-cv-04045-KML Document 5 Filed 10/31/25 Page 1 of 3

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Cotton’s complaint contains very few factual allegations but seems to be attempting
to allege claims for “racial & sexual discrimination.” (Doc. 1 at 3.) The sexual
discrimination claim is based on Cotton being “the only person who started a new training
with [the floor supervisor] and instead of training most of her discussion was personal.”
(Doc. 1 at 4.) While not clear, Cotton’s racial discrimination claim appears to be based on
the allegation that Cotton was “lied on by Hispanic co-worker Carlos without question.”
(Doc. 1 at 4.) Possibly connected to these events, Cotton “was terminated under false
claims & HR retaliation.” (Doc. 1 at 5.) There are no additional factual allegations
elaborating on these claims.
Cotton’s employment-discrimination claims require allegations identifying how he
was treated differently because of a protected characteristic such as his race or sex. See
Maner v. Dignity Health, 9 F.4th 1114, 1120 (9th Cir. 2021) (“Title VII prohibits
discrimination against an individual in whole or in part because of that individual’s
protected characteristic.”) (simplified). Employment discrimination laws do not establish
“a general civility code, and employment practices are not unlawful simply because they
are unwise.” Id. at 1127 (simplified).
To state a plausible sexual discrimination claim, Cotton would need to provide
allegations identifying his sex, the adverse action Cotton suffered, and why Cotton believes
that action was because of his sex. Assuming Cotton is trying to base this claim on the
actions by the floor supervisor, he would need to explain what that floor supervisor did that
affected his employment and why he believes the actions were because of Cotton’s sex.
For his race discrimination claim, Cotton would need to provide allegations identifying his
race, the adverse action taken against him, and why Cotton believes that action was because
of his race. Alleging a “Hispanic co-worker” lied about Cotton is not sufficient. The
complaint is dismissed with leave to amend.
/
/
/
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IT IS ORDERED the Application (Doc. 2) is GRANTED.
IT IS FURTHER ORDERED the complaint (Doc. 1) is DISMISSED WITH
LEAVE TO AMEND. No later than November 13, 2025, plaintiff shall file an amended
complaint. The Clerk of Court shall enter a judgment of dismissal with prejudice in the
event no amended complaint is filed by that date.
Dated this 31st day of October, 2025.
Case 2:25-cv-04045-KML Document 5 Filed 10/31/25 Page 3 of 3