United States District Court, D. Colorado
OPINION AND ORDER GRANTING MOTION TO DISMISS
S. Krieger Chief United States District Judge.
MATTER comes before the Court pursuant to the
Defendants' (collectively, “Denver”) Motion
to Dismiss (# 49), and Mr. Moaz's
response (# 61).
to Mr. Moaz's Amended Complaint (# 23),
Mr. Moaz is a Colorado resident of Egyptian descent. He is
employed as a limousine driver. His pleading is somewhat
disorganized and difficult to follow, but as best the Court
can determine, it recites the following events:
• On an unspecified date, Mr. Moaz “reported
threats to [the Denver] Police which had been made against
him.” In response, the police charged Mr. Moaz with
making a false complaint and did not charge the person who
threatened him. Docket # 23, ¶ 15. This
allegation may or may not be related to an incident on
October 11, 2015, in which Greg Gustin, a Ground
Transportation Agent (possibly at Defendant Denver
International Airport, or “DIA”), told Mr. Moaz
“I wish I can shoot you people.” ¶ 19. It
may or may not also be related to an incident on June 16,
2016, in which Mr. Moaz “called police after receiving
threats against Andy Ansere, ” and that thereafter, he
was “ticketed for not following rule of [the]
airport.” ¶ 44.
• On an unspecified date, while picking up a client at
DIA, Mr. Moaz “was arrested on allegations of threats
towards another but was eventually released.” ¶
16. It is not clear whether this event is the same as an
incident on August 30, 2016, when Mr. Moaz “was
arrested for alleged threat to another.” ¶ 43.
• On two occasions, Mr. Moaz's prayer rug was
“thrown into the trash while [Mr. Moaz] was at
DIA.” ¶ 17. The Amended Complaint alleges that, on
at least one occasion, an individual named Thomas Berzinskas
was the perpetrator, but does not identify Mr.
Berzinskas' title. ¶ 75. Mr. Berzinskas referred to
the rug as a “magic carpet” in front of others.
• On four separate occasions (all unspecified), Denver
police cited Mr. Moaz for “solicitation, ” based
on complaints from Ground Transfer Agents. ¶ 18.
• In September 2016, an unspecified entity cited Mr.
Moaz for 15 violations of the Denver Municipal Airport
System's Rules and Regulations. Mr. Moaz appealed that
citation and 7 of the violations were dismissed. Mr. Moaz was
apparently found guilty of the remaining 8 citations and was
suspended from working at DIA for a period of 90 days. ¶
each of these contentions, Mr. Moaz alleges that they
constitute discrimination on the basis of his national origin
and/or race in violation of the rights secured by the Equal
Protection clause of the 14th Amendment, thereby
giving rise to a cause of action against Denver under 42
U.S.C. § 1981, § 1983, and §
Moaz further alleges:
• During an unspecified time period, Mr. Moaz “had
been having problems with DIA Ground Transportation”
agents, who would “follow[ ] him around at the airport,
constantly checking his entry passes and interrogating [him]
and his clients.” Mr. Moaz complained of this treatment
to an individual named Mike Percy, apparently the Ground
Transportation Manager at DIA, informing Mr. Percy that Mr.
Moaz would file a lawsuit if the behavior did not cease. Mr.
alleges that, thereafter, he has “received numerous
tickets for solicitation, threats, and use of foul language
from the Police and DIA.” ¶ 40-42.
on this contention, and the June 2015 incident involving Mr.
Ansere, Mr. Moaz alleges that Denver has retaliated against
him for the exercise of rights secured by the First Amendment
to the U.S Constitution, in violation of 42 U.S.C. §
1983 and 42 U.S.C. § 12203 (prohibiting discrimination