Bonomolo-Hagen v. Clay Central-Everly Community School Dist.
| Decision Date | 15 August 1997 |
| Docket Number | CENTRAL-EVERLY,P,BONOMOLO-HAGE,No. 97-3174,97-3174 |
| Citation | 121 F.3d 446,1997 WL 467573 |
| Parties | 75 Fair Empl.Prac.Cas. (BNA) 1284 Karilynlaintiff-Respondent, v. CLAYCOMMUNITY SCHOOL DISTRICT, Defendant, David Holmquist, Defendant-Petitioner. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Appeal from the United States District Court for the Northern District of Iowa; Donald E. O'Brien, Judge.
Stephen F. Avery, Spencer, IA, for appellant.
Patricia K. Wengert, Des Moines, IA, Charles F. Knudson, Marcus, IA, for appellee.
Before McMILLIAN, BOWMAN, and LOKEN, Circuit Judges.
The District Court, applying precedent from the Northern District of Iowa, and observing that our Court had not yet definitively resolved the question, held that as the plaintiff's supervisor defendant David Holmquist could be held individually liable under Title VII of the Civil Rights Act of 1964. Accordingly, the District Court denied Holmquist's motion to dismiss the plaintiff's Title VII claims against him, but certified the question pursuant to 28 U.S.C. § 1292(b), thus permitting Holmquist to seek an interlocutory appeal.
Holmquist's petition for permission to appeal is granted, and the District Court's denial of Holmquist's motion to dismiss is reversed. Our Court quite recently has squarely held that supervisors may not be held individually liable under Title VII. See Spencer v. Ripley County State Bank, 123 F.3d 690, 691-92 (8th Cir.1997). Thus the question left open in Lenhardt v. Basic Institute of Technology, Inc., 55 F.3d 377 (8th Cir.1995) (), has been resolved.
Spencer establishes the law of our circuit. We therefore reverse and remand for entry of an order granting Holmquist's motion to dismiss.
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...has squarely held that supervisors may not be held individually liable under Title VII,'" quoting Bonomolo-Hagen v. Clay Central-Everly Community Sch. Dist., 121 F.3d 446, 447 (8th Cir.1997), and citing Spencer v. Ripley County State Bank, 123 F.3d 690, 691-92 (8th Cir.1997) (per curiam)), ......
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