Taylor v. Alabama
| Decision Date | 19 April 2000 |
| Docket Number | No. Civ.A. 99-D-301-N.,Civ.A. 99-D-301-N. |
| Citation | 95 F.Supp.2d 1297 |
| Parties | Cynthia TAYLOR, Plaintiff, v. State of ALABAMA, et al., Defendants. |
| Court | U.S. District Court — Middle District of Alabama |
Alice Ann Byrne, Office of the Attorney General, Assistant Attorney General, Montgomery, AL, defendant pro se.
T. Dudley Perry, Jr., Alabama Department of Transportation, Legal Division, Montgomery, AL, defendant pro se.
DE MENT, District Judge.
Before the court are Defendants State of Alabama, Alabama Department of Transportation ("DOT"), Ray Bass ("Bass"), Jimmy Butts ("Butts"), Dykes Rushing ("Rushing") and Lamar Woodham's ("Woodham") joint Motion To Dismiss1 ("State Defs.Mot."), together with a Memorandum Brief ("State Defs.Br."), both filed May 21, 1999, and Defendant Charles Harris' ("Harris") Motion To Dismiss ("Harris Mot."), together with a Memorandum Brief ("Harris Br."), both filed May 24, 1999. Plaintiff Cynthia Taylor ("Plaintiff") filed a Response To Defendants' Motions To Dismiss And Memorandum Of Law ("Resp.") on July 2, 1999. On July 9, 1999, the State of Alabama, DOT, Bass, Butts, Rushing and Woodham filed a joint Reply ("State Defs. Reply"). After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that Defendants' Motions are due to be granted in part and denied in part.
The court exercises subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 1343 (civil rights), 42 U.S.C. §§ 2000e to 2000e-17 () ("Title VII"), 42 U.S.C. § 1981 () ("§ 1981"), 42 U.S.C. § 1983 () ("§ 1983"), and 28 U.S.C. § 1367 (supplemental jurisdiction). The Parties do not contest personal jurisdiction or venue.
Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, a defendant may move to dismiss a complaint because the plaintiff has failed to state a claim upon which relief may be granted. See FED. R.CIV.P. 12(b)(6). A Rule 12(b)(6) motion questions the legal sufficiency of a complaint; therefore, in assessing the merits of a Rule 12(b)(6) motion, the court must assume that all the factual allegations set forth in the complaint are true. See, e.g., United States v. Gaubert, 499 U.S. 315, 327, 111 S.Ct. 1267, 113 L.Ed.2d 335 (1991); Powell v. Lennon, 914 F.2d 1459, 1463 (11th Cir.1990). Moreover, all factual allegations are to be construed in the light most favorable to the plaintiff. See, e.g., Brower v. County of Inyo, 489 U.S. 593, 598, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989).
Generally, "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." In re Johannessen, 76 F.3d 347, 349 (11th Cir.1996) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). However, in § 1983 actions where government officials sued in their individual capacities have raised the defense of qualified immunity, the Eleventh Circuit has "tightened" the pleading requirements. GJR Investments, Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1367 (11th Cir.1998). In Oladeinde v. City of Birmingham, the Eleventh Circuit held that in cases where qualified immunity is implicated, "some factual detail is necessary, especially if [the court is] to be able to see that the allegedly violated right was clearly established when the allegedly wrongful acts occurred." 963 F.2d 1481, 1485 (11th Cir.1992). Accordingly, in determining whether a plaintiff has stated a § 1983 claim against a defendant in his or her individual capacity, courts must be "guided both by the regular 12(b)(6) standard and by the heightened pleading requirement." GJR Investments, 132 F.3d at 1367.
For purposes of considering the Motions To Dismiss filed by Harris and the State Defendants, the court presumes that the allegations in Plaintiff's Complaint are true. In September 1997, Plaintiff began working for the DOT under the supervision of Harris. (Compl. ¶¶ 5, 10, 13-14.) On December 31, 1997, "while acting in his supervisory capacity, [Harris] physically assaulted Plaintiff without justification or cause, by physically striking her ... twice and causing her to fall to the floor." (Id. ¶ 15.) Although Plaintiff "immediately reported" the assault to the DOT's equal employment officer, Ron Green ("Green"), "[n]o corrective action was taken by the DOT or any of its agents." (Id.)
On January 6, 1998, Plaintiff lodged a "formal complaint" with Green "regarding the wrongful actions and continued harassment" by Harris. (Id. ¶ 16.) Despite Plaintiff's "formal complaint," Harris continued to subject Plaintiff to "hostile and abusive conduct." (Id. ¶ 17.) Thus, on May 5, 1998, Plaintiff "and several other female employees" met with Rushing, Harris' supervisor, "to re-advance" their "concerns" about Harris. (Id. ¶¶ 9, 17.) Rushing told them that they would have "to put their grievances in writing, before he would pursue corrective action." (Id. ¶ 17.) Per Rushing's directive, on May 8, 1998, Plaintiff and four other female employees, who also were under Harris' supervision, submitted a written complaint to Rushing. (Id.) Therein, they "outlined the abuse, harassment, and hostile work environment to which Plaintiff and the others had been subjected by" Harris. (Id.) Still, however, "[t]o date, no appreciable corrective action has been taken by" the DOT or any of its agents. (Id.)
On May 12, 1998, Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"). In her EEOC charge, Plaintiff complains of "the assaultive and discriminatory conduct of [] Harris and the resulting hostile work environment caused by Harris and the other Defendants." (Id. ¶ 18.) As a result of filing her EEOC charge, Harris "negated a scheduled raise for Plaintiff." (Id. ¶ 19.) Plaintiff also "was involuntarily transferred to a lesser position within the [DOT] where she presently remains." (Id. ¶ 20.)
Plaintiff filed the instant nine-count Complaint on March 26, 1999, naming the following Defendants in each count: (1) the DOT (Id. ¶ 6); (2) Bass, a former Director of the DOT (Id. ¶ 7); (3) Butts, also a former Director of the DOT (Id. ¶ 8); (4) Rushing (Id. ¶ 9); (5) Harris (Id. ¶ 10); and (6) Woodham, an "agent" of the DOT, who "is employed in a supervisory position." (Id. ¶ 11.)
In Counts 1-3 of her Complaint, Plaintiff brings claims seeking redress under Title VII for gender discrimination, retaliation, and hostile work environment. (Id. ¶¶ 23-45.) In Count 4, Plaintiff asserts a Fourteenth Amendment equal protection claim, as enforced by § 1983. (Id. ¶¶ 46-40.) In Counts 5, 6 and 8, Plaintiff sets forth state law claims for outrage, negligent infliction of emotional distress, and assault and battery. (Id. ¶¶ 51-60, 67-71.) In Count 7, Plaintiff claims that Harris and the State Defendants punished Plaintiff "for exercising her right to petition the Government for redress of grievances" and "conspired to intentionally discriminate" against Plaintiff on the basis of her gender, all in violation of the First Amendment and 42 U.S.C. §§ 1981, 1983 and 1985. (Id. ¶¶ 61-66.) In Count 9, Plaintiff asks for attorney's fees and costs. (Id. ¶ 72.)
Plaintiff seeks injunctive relief, as well as compensatory damages and punitive damages in the amount of $1,000,000 against Harris and the State Defendants, "jointly and severally," and against Harris, Bass, Butts, Rushing and Woodham, "individually and each in his official capacity." (Id. ¶¶ 12, 73.) Plaintiff also demands a jury trial. (Id. at 13.)
In their Motions To Dismiss, Harris and the State Defendants challenge the legal sufficiency of each count in Plaintiff's Complaint. For the reasons that follow, the court agrees with some, but not all, of the grounds raised by Harris and the State Defendants. The court addresses each of their arguments separately below.2
As to Plaintiff's Title VII claims in Counts 1 and 3 of the Complaint, Harris and the State Defendants argue that Plaintiff is barred from relying on alleged discriminatory events occurring more than 180 days prior to Plaintiff filing her EEOC charge. (Harris Mot. ¶ 7; State Defs.Mot. ¶ 8; Harris Br. at 2-3; State Defs.Br. at 3-4; State Defs. Reply at 1-2.) Because Plaintiff filed her EEOC charge on May 12, 1998 (Compl.¶ 2), Harris and the State Defendants assert that "only incidents which occurred between November 14, 1997 and May 12, 1998 are proper for review." (Harris Br. at 3; State Defs.Br. at 3.) In response, Plaintiff asserts that the unlawful conduct alleged in her Complaint arises out of a "continuous and severe and pervasive course of harassment." (Resp. at 4-5.) The court construes Plaintiff's statement as raising a continuing violation theory. For the reasons that follow, the court agrees with Plaintiff that her Complaint, when read in its entirety, supports a continuing violation theory on her Title VII claims in Counts 1 and 3.
Filing a charge with the EEOC is a prerequisite to a private civil action under Title VII. See 42 U.S.C. § 2000e-5(e)(1) (). An EEOC charge "must be filed with the EEOC within 180 days of the date of the act giving rise to the charge." Calloway v. Partners Nat'l Health Plans, 986 F.2d 446, 448 (11th Cir. 1993) (citing...
To continue reading
Request your trial
-
Powers v. Csx Transp., Inc.
...Amendment barred the suit. Harbert International, Inc. v. James, 157 F.3d 1271, 1278 (11th Cir.1998); see also Taylor v. State, 95 F.Supp.2d 1297, 1310 (M.D.Ala. 2000) (extending Eleventh Amendment immunity to ADOT); Wright v. Butts, 953 F.Supp. 1352, 1358 (M.D.Ala.1996)(same). Cf. Robinson......
-
Wheeles v. Nelson's Elec. Motor Services
...and the individual supervisor in his official capacity, the supervisor may be dismissed from the action. See Taylor v. Alabama, 95 F.Supp.2d 1297, 1309 (M.D.Ala.2000) (citing Cross, 49 F.3d at 1504) (where a Title VII plaintiff names the employer as a defendant, any of the employer's superv......
-
Johnson-Mosley v. Ala. Unified Judicial Sys.
...in their individual capacities because their employer, the AOC, is also a named defendant. Doc. 40 at 7–8 ( citing Taylor v. Alabama, 95 F.Supp.2d 1297, 1309 (M.D.Ala.2000)). This argument is somewhat misplaced. First, the court notes that Battiste is not named in any of the Title VII count......
-
Kornagay v. Burt, Case No. 3:09cv281/LAC/EMT
...intracorporate conspiracy doctrine to bar a § 1985(3) claim against a public university and its officials);12 Taylor v. Alabama, 95 F. Supp. 2d 1297, 1317-18 (M.D. Ala. 2000) (doctrine of intracorporate conspiracy barred plaintiff's conspiracy claim against employees of state agency). In th......