Template for litigation

A petition to the Federal or State Court is no more than a letter addressing your dissatisfaction with your social world. Utilize this format to address your issues.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION – SEVENTH CIRCUIT

Your Name:

Plaintiff

v.

Name

Defendant(s).

NOTICE OF FILING

To: Name
Address
Phone number(s)


Please take notice that on ___________, 200x the plaintiff filed their Civil Complaint with the United States District Court for the Northern District of Illinois, Eastern Division, copies of which are hereby attached and served upon you.

CERTIFICATE OF SERVICE

I, ___________________, pro se plaintiff, certify I caused the above Notice and Civil Complaint to be served upon the party above by hand-delivery or U.S. Mailto address mentioned above for _____________________________ on __________________, 200x.

Respectfully submitted,


Name
Address
Phone number(s)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION – SEVENTH CIRCUIT

Your Name:

Plaintiff

v.

Name

Defendant(s).

CIVIL COMPLAINT

NOW COMES, (your name) pro se plaintiff alleging they were the target of and/or discriminated against by way of disparate treatment, disparate impact, adverse employment actions, discrimination in terms and conditions of employment, and a hostile work environment and retaliation.

JURISDICTION AND VENUE

This court has jurisdiction pursuant to 42 U.S.C. section 2000e-5 and 2000e(b), and 28 U.S.C. section 1367, Title VII of the Civil Rights Act of 1964, as amended 1991 Act, 1981a(a)(1), (b)(1), 1977A(a)(1)(b)(1)(c), and the Age Discrimination in Employment Act of 1967 (ADEA), as amended 1991 Act. Venue is proper in this District and Division because the unlawful employment actions alleged herein were committed within the Northern District of Illinois, Eastern Division.

SUPPLEMENTAL JURISDICTION AND DEFENDANTS’ INDIVIDUAL LIABILITY

28 U.S.C. §1331 states, the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. 28 U.S.C. § 1367 (a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.

THE PARTIES

At all times relevant to this litigation the plaintiff, (your name) is (ethnicity) (age), and a citizen of Illinois. At all times relevant to this litigation, defendant (name) is incorporated in (the State), doing business in (the city). At all times relevant to this litigation, defendant employees (name(s)) who is/are employed by (company) and they acted as agents or directors, and in direct control over and implemented such as all and any directives or acts in color as, and in the auspices of, with the morals and values of dictating the principles and policies of (the company). At the time of the alleged unlawful employment practices herein, (the company) is and continues to be an employer within the meaning of 42 U.S.C. section 2000e(b).

ADMINISTRATIVE PROCEDURE

Explain what administrative remedies you have sought, such as the Equal Employment Opportunities Commission and/or (your state) Department of Human Rights, and their final decisions.

Standard of Review
(pro se only)

Plaintiff is a “pro se” litigant requesting this Honorable Court should liberally construe his/her complaint/motion. Castro v. United States, 290 F.3d 1270 (2003) reports courts sometimes will ignore the legal label that a pro se litigant attaches to a motion and recharacterize the motion in order to place it within a different legal category. See, e.g., Raineri v. United States, 233 F.3d 96, 100 (CA1 2000); United States v. Detrich, 940 F.2d 37, 38 (CA2 1991); United States v. Miller, 197 F.3d 644, 648 (CA3 1999); Raines v. United States, 423 F.2d 526, 528, n. 1 (CA4 1970); United States v. Santora, 711 F.2d 41, 42 (CA5 1983); United States v. McDowell, 305 F.2d 12, 14 (CA6 1962); Henderson v. United States, 264 F.3d 709, 711 (CA7 2001); McIntyre v. United States, 508 F.2d 403, n. 1 (CA8 1975) (per curiam); United States v. Eatinger, 902 F.2d 1383, 1385 (CA9 1990) (per curiam); United States v. Kelly, 235 F.3d 1238, 1242 (CA10 2000); United States v. Jordan, 915 F.2d 622, 625 (CA11 1990); United States v. Tindle, 522 F.2d 689, 693 (CADC 1975) (per curiam).This Court may do so in order to avoid an unnecessary dismissal, e.g., id., at 692—693, to avoid inappropriately stringent application of formal labeling requirements, see Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam), or to create a better correspondence between the substance of a pro se motion’s claim and its underlying legal basis. See Hughes v. Rowe, 449 U.S. 5, 10 (1980) (per curiam); Andrews v. United States, 373 U.S. 334, (1963).

The law does not require a plaintiff to plead any legal theories, see Thomson v. Washington, 362 F.3d 969, 970-71 (7th Cir. 2004), and particularly since he/she filed their complaint pro se, he/she should not be held to the one incorrect theory they did name. Instead, the court should ask whether any set of facts consistent with the complaint would give him/her a right to recover, no matter what the legal theory. See FED. R. CIV. P. 8(a); Wynn v. Southward, 251 F.3d 588, 592 (7th Cir. 2001).

A Title VII plaintiff need not set forth allegations of a prima facie case in the complaint. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 508 (2002). Instead, a plaintiff alleging discrimination in violation of Title VII must only set forth in the complaint “a short and plain statement of the claim showing that the pleader is entitled to relief.” Id. (quoting Fed. R. Civ. P. 8(a)). Swierkiewicz also governs complaints in §1981 discrimination actions. See, e.g., Maduka v. Sunrise Hospital (2004)

Rule 8(a) requires only a “short and plain statement of the claim that will give the defendant fair notice of what the plaintiff’s claim is and the grounds upon which it rests.” DeWalt v. Carter, 224 F.3d 607, 612 (7th Cir. 2000). The Supreme Court has cautioned that “the Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of the pleading is to facilitate a proper decision on the merits.” Conley v. Gibson, 355 U.S. 41, 48 (1957); see also Luckett v. Rent-A-Center, Inc., 53 F.3d 871, 873 (7th Cir. 1995) (“District judges must heed the message of Rule 8: the leading stage is not the occasion for technicalities.”).

Statement of Facts

List by numbers the sequence of events leading to the discriminatory action believed to be violated.

Actionable Claims
(Employment Only)

Count I

Disparate Treatment, Disparate Impact, Adverse Employment Action under Title VII of the Civil Rights Act of 1964, as amended, and 42 U.S.C. § 2000e, et seq.

Count II

At Will Employment Contractual claim under § 1981

Count III

Discrimination in Terms and Conditions of Employment under Title VII of the Civil Rights Act of 1964, as amended, and 42 U.S.C. § 2000e, et seq.

Count IV

Hostile work environment, Retaliation, Individual Liability under Title VII of the Civil Rights Act of 1964, as amended, and 42 U.S.C. § 2000e, et seq.

Count V

Reverse Discrimination and Similarly Situated Individuals under Title VII of the Civil Rights Act of 1964, as amended, and 42 U.S.C. § 2000e, et seq.

Conclusion

WHEREFORE, plaintiff respectfully request this Honorable Court award punitive, compensatory, and exemplary monetary damages to the plaintiff in the amount of $000,000.00 from (the name of the company or individuals) for its motive and intent of the wantonness and gross negligence of the egregious and outrageous acts of malice, reckless and callous indifference, retaliation and conduct toward the federally protected rights of the plaintiff, along with the pain and suffering, mental anguish, harassment, and intimidation of the plaintiff in the work environment.

Plaintiff has personally suffered economical and financial hardships due to the acts complained of, such as …. This does not include other economic and financial tragedies for maintenance to her family’s home, utilities, food, and clothing.

Respectfully submitted,


Name
Address
Phone number(s)
Date