Johnson-Price v. State of Alabama et al (CRUM SPIN)

Filing 115

ORDER, JUDGMENT, and DECREE of this court as follows: (1) The motions for summary judgment submitted by dfts Alabama Department of Human Resources and Nancy Buckner (doc. no. 45 ) and dfts Alabama State Personnel Department and Jackie Graham (doc. n o. 48 ) are granted as to the defense of Eleventh Amendment immunity and unnecessary parties and as to plf Laura Johnson-Price's race discrimination claims; (2) Judgment is entered in favor of dfts Alabama Department of Human Resources, Nancy B uckner, Alabama State Personnel Department, and Jackie Graham, and against plf Johnson-Price, with plf Johnson-Price taking nothing, as to the defense of Eleventh Amendment immunity and unnecessary parties and her race discrimination claims; (3) The dfts' motions for summary judgment are denied as to plf Johnson-Price's retaliation claims, with leave for dfts Alabama Department of Human Resources and Buckner to renew the motions as to these claims within 35 days, as further set out; (4) As there are no claims remaining against dfts Alabama State Personnel Department and Graham, said dfts are dismissed with prejudice. Signed by Honorable Myron H. Thompson on 3/30/2010. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

LAURA JOHNSON-PRICE, Plaintiff, v. ALABAMA DEPARTMENT OF HUMAN RESOURCES, et al., Defendants.

) ) ) ) ) ) ) ) ) ) ORDER

CIVIL ACTION NO. 2:07cv568-MHT (WO)

In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of this court as follows: (1) The motions for summary judgment submitted by defendants Alabama Department of Human Resources and Nancy Buckner (doc. no. 45) and defendants Alabama State Personnel Department and Jackie Graham (doc. no. 48) are granted as to the defense of Eleventh Amendment immunity

and

unnecessary

parties

and

as

to

plaintiff

Laura

Johnson-Price's race discrimination claims. (2) Judgment is entered in favor of defendants

Alabama Department of Human Resources, Nancy Buckner, Alabama State Personnel Department, and Jackie Graham, and against plaintiff taking Johnson-Price, as to with the plaintiff defense of

Johnson-Price

nothing,

Eleventh Amendment immunity and unnecessary parties and her race discrimination claims. (3) The defendants' motions for summary judgment are denied as to plaintiff Johnson-Price's retaliation

claims, with leave for defendants Alabama Department of Human Resources and Buckner to renew the motions as to these claims within 35 days. If defendants Alabama

Department of Human Resources and Buckner fail to renew the motions as to the retaliations claims within this time-frame, the claims will be set for trial.

2

(4)

As

there

are

no

claims

remaining

against

defendants Alabama State Personnel Department and Graham, said defendants are dismissed with prejudice. DONE, this the 30th day of March, 2010.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE