Sample
Sample v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH SAMPLE, Case No. 3:23-cv-00428-WHO
Plaintiff,
ORDER ON MOTIONS TO DISMISS
v. 9 Re: Dkt. Nos. 12, 13 MATTHEW SMITH, et al., Defendants.
12 Pro se plaintiff Joseph Sample filed this employment discrimination lawsuit against many defendants, alleging, among other things, that he experienced a hostile work environment from 2018 until 2022 because of pervasive racism and ableism at his workplace. Several defendants moved to dismiss. For the following reasons, the motions are GRANTED in part and DENIED in part. BACKGROUND I. FACTUAL BACKGROUND According to the complaint, Sample worked as a driver for Cemex Construction Materials Pacific, LLC (“Cemex”) in Antioch, California, from 2018 to 2022. (“Compl.”) [Dkt. No. 1] at pdf 6. He alleges that he “was the only African American driver” at Cemex, id. 4:6-7, and one of two African American employees at the plant, id. 6:22-23. Sample lives with two disabilities: a …