Burkette v. Montgomery County Board of Education et al

Filing 32

ORDERED as follows: (1) Burkette's objections are overruled; (2) the 30 Recommendation is adopted; (3) defendants' 16 Motion for Summary Judgment is denied in part and granted in part; (4) all claims against defendant Lewis E. Washingto n, Jr., in his official and individual capacities are dismissed with prejudice; (5) Burkette's claims against defendant Montgomery County Board of Education under 42 USC 1983 are dismissed with prejudice; (6) Burkette's claims under 42 USC 2000e-5 against MCBOE related to the Athletic Director position are dismissed as time-barred; (7) Burkette's Title VII race discrimination claim against MCBOE related to the Assistant Football Coach position is dismissed with prejudice for failu re to establish a prima facie case; (8) defendants' motion for summary judgment is denied with respect to Burkette's Title VII retaliation claim against MCBOE related to the Assistant Football Coach position, and Burkette's claim shall proceed to trial. Signed by Honorable William Keith Watkins on 12/4/08. (sl, ) (1) Civil Appeals Checklist) (sl, ).

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION D A V I D MICHAEL BURKETTE, P l a in tif f , v. M O N T G O M E R Y COUNTY B O A R D OF EDUCATION, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) C A S E NO. 2:07-CV-1121-WKW ORDER O n October 28, 2008, the Magistrate Judge filed a Report and Recommendation in this c a se . (Doc. # 30.) Plaintiff David Michael Burkette filed objections to the Recommendation o n November 10, 2008. (Doc. # 31.) Upon an independent and de novo review of those p o rtio n s of the Recommendation to which objections are made, 28 U.S.C. 636(b)(1), it is O R D E R E D as follows: (1) (2 ) (3) B u rk e tte 's objections are OVERRULED. T h e Recommendation (Doc. # 30) is ADOPTED. D ef en d an ts' Motion for Summary Judgment (Doc. # 16) is DENIED in part a n d GRANTED in part. (4 ) A ll claims against Defendant Lewis E. Washington, Jr., in his official and in d iv id u a l capacities are DISMISSED with prejudice. (5 ) B u rk e tte 's claims against Defendant Montgomery County Board of Education (" M C B O E " ) under 42 U.S.C. 1983 are DISMISSED with prejudice. (6) B u rk e tte 's claims under 42 U.S.C. 2000e-5 ("Title VII") against MCBOE re la te d to the Athletic Director position are DISMISSED as time-barred. (7 ) B u rk e tte 's Title VII race discrimination claim against MCBOE related to the A s s is ta n t Football Coach position is DISMISSED with prejudice for failure to establish a p r im a facie case. (8 ) D e f e n d a n ts' motion for summary judgment is DENIED with respect to B u rk e tte 's Title VII retaliation claim against MCBOE related to the Assistant Football Coach p o sitio n , and Burkette's claim shall proceed to trial. D O N E this 4th day of December, 2008. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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