Keil

MEMORANDUM *

Eric Keil appeals dismissal pursuant to Fed.R.Civ.P. 12(b)(6) of his first amended complaint against Michael Coronado and Don Button, his supervisors in the Oroville office of the California Department of Parks and Recreation. While Keifs complaint is not a model of clarity, its gravamen is that Coronado and Button singled Keil out because he was an unmarried Caucasian male and retaliated against him for complaints he made, discriminated against him, and created a hostile work environment in violation of 42 U.S.C. §§ 1981 , 1983, 1985 and 1986. We reverse.

Section 1981. Whether Keil states a claim for purposes of Rule 12(b)(6) should not have been analyzed under the framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), which sets forth an evidentiary standard relevant at the summary judgment stage. Rather, consistent with Swierkiewicz v. Sorema N.A., 534 U.S. 506 , 122 S.Ct. 992 , 152 L.Ed.2d 1 (2002), and Gilligan v. Jamco Dev. Corp., 108 F.3d 246 , 249 (9th Cir.1997), at the pleading stage the inquiry is simply whether the facts pled show that the plaintiff is entitled to relief. Fed.R.Civ.P. 8(a)(2). As the district…