Rollins et al v. Alabama Community College System et al

Filing 199

ORDER directing as follows: (1) the 117 MOTION for Summary Judgment filed as to the claims by Renoda Thomas, is DENIED as to Thomas's Title VII and Equal Protection claims for failure to promote her to the Operations Accountant position ultima tely filled by Bill Merrill and GRANTED and judgment is entered in favor of the defendants and against Renoda Thoma son all remaining federal claims; (2) the 124 MOTION for Summary Judgment, filed as to the claims of Shemedrea Johnson, is DENIED as to Johnson's Title VII and Equal Protection claims for failure to promote based on a 2008 reorganization request, and is GRANTED and judgment is entered in favor of the Defendants and against Shemedrea Johnson on all remaining federal claims; ( 3) the 130 MOTION for Summary Judgment, filed as to claims by Tamara Ward, is DENIED as to Ward's Title VII, Equal Protection, and Equal Pay Act claims based on placement on the D Salary Schedule and is GRANTED and judgment is entered in favor of the Defendants and against Tamara Ward on all remaining federal claims; (4) the 134 and 137 MOTIONS for Summary Judgment, filed as to claims by Pamelon Rollins are GRANTED and judgment is entered in favor of the defendants and against Pamelon Rollins on all federal claims; (5) with respect to the motion for partial summary judgment 134 it is further ORDERED as follows: (a) The Motion 134 is DENIED as to Thomas's Equal Protection failure to promote claim, Johnson's Equal Pro tection claim for failure to promote based on a 2008 reorganization request, and Ward's Equal Protection claim based on placement on the D Salary Schedule as against Defendant Samuel Munnerlyn individually; (b) Ruling is reserved on the Motion a s to Thomas's Equal Protection failure to promote claim, Johnson's Equal Protection claim for failure to promote based on a 2008 reorganization request, and Ward's Equal Protection claim based on placement on the D Salary Schedule as a gainst Bradley Byrne individually; (c) The Plaintiffs have until 9/9/2011 to file a Supplemental Brief, as further set out in order; (3) the defendants have until 9/16/2011 to file a reply to the supplemental brief, as further set out in order; (6) t he court declines, pursuant to 28 U.S.C. 1367 (c) (1) and (2), to exercise supplemental jurisdiction over the state law claims in Count XV of the Fourth Amended Complaint and the state law claims are hereby REMANDED to the Circuit Court of Montgomery County, Alabama; (7) the CLERK is directed to take all steps necessary to effect this remand; (8) the aspects of the 134 motion for summary judgment which are directed as to the state law claims are carried with the state law claims and are left f or disposition by the state court, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 8/26/11. (Attachments: # 1 civil appeals checklist). Certified copy of [198[ memorandum opinion and this order mailed to Clerk, Circuit Court of Montgomery County, AL.(djy, )

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

PAMALON ROLLINS, SHEMEDREA
JOHNSON, RENODA THOMAS, and
TAMARA WARD,

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Plaintiffs,
v.
ALABAMA COMMUNITY COLLEGE
SYSTEM; et al.,

Defendants.

Civil Action No. 2:09cv636-WHA
(wo)

ORDER
For the reasons discussed in the Memorandum Opinion entered in this case on this day,
the court has determined that summary judgment is due to be GRANTED as to all of the federal
claims brought by Plaintiff Rollins, and that Plaintiffs Thomas, Johnson, and Ward may proceed
on some federal claims against all Defendants, with the caveat that the court has reserved ruling
on the Motion for Partial Summary Judgment on the basis of qualified immunity as to some
Equal Protection claims brought by these three Plaintiffs against Defendant Bradley Byrne
individually. The court has also concluded that the state law claims of all of the Plaintiffs are
more appropriately decided by the state court.
Accordingly, it is hereby ORDERED as follows:
1. The Motion for Summary Judgment (Doc. #117), filed as to the claims by Renoda
Thomas, is DENIED as to Thomas’s Title VII and Equal Protection claims for failure to promote
her to the Operations Accountant position ultimately filled by Billy Merrill and GRANTED and

judgment is entered in favor of the Defendants and against Renoda Thomas on all remaining
federal claims.
2. The Motion for Summary Judgment (Doc. #124), filed as to the claims by Shemedrea
Johnson, is DENIED as to Johnson’s Title VII and Equal Protection claims for failure to promote
based on a 2008 reorganization request, and is GRANTED and judgment is entered in favor of
the Defendants and against Shemedrea Johnson on all remaining federal claims.
3. The Motion for Summary Judgment (Doc. #130), filed as to claims by Tamara Ward,
is DENIED as to Ward’s Title VII, Equal Protection, and Equal Pay Act claims based on
placement on the D Salary Schedule and is GRANTED and judgment is entered in favor of the
Defendants and against Tamara Ward on all remaining federal claims.
4. The Motions for Summary Judgment (Doc. ##134, 137), filed as to claims by Pamelon
Rollins are GRANTED and judgment is entered in favor of the Defendants and against Pamelon
Rollins on all federal claims.
5. With respect to the Motion for Partial Summary Judgment (Doc. #134), it is further
ORDERED as follows:
a. The Motion (Doc. #134) is DENIED as to Thomas’s Equal Protection failure to
promote claim, Johnson’s Equal Protection claim for failure to promote based on a 2008
reorganization request, and Ward’s Equal Protection claim based on placement on the D Salary
Schedule as against Defendant Samuel Munnerlyn individually.
b. Ruling is reserved on the Motion as to Thomas’s Equal Protection failure to promote
claim, Johnson’s Equal Protection claim for failure to promote based on a 2008 reorganization
request, and Ward’s Equal Protection claim based on placement on the D Salary Schedule as
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against Bradley Byrne individually.
c. The Plaintiffs have until September 9, 2011 to file a Supplemental Brief which
explains their theory of recovery as against Bradley Byrne individually for Thomas’s Equal
Protection failure to promote claim, Johnson’s Equal Protection claim for failure to promote
based on a 2008 reorganization request, and Ward’s Equal Protection claim based on placement
on the D Salary Schedule, and presents their position as to why Byrne is not entitled to qualified
immunity on those claims, if they do so contend.
d. The Defendants have until September 16, 2011 to file a Reply to the Supplemental
Brief on Thomas’s Equal Protection failure to promote claim, Johnson’s Equal Protection claim
for failure to promote based on a 2008 reorganization request, and Ward’s Equal Protection
claim based on placement on the D Salary Schedule against Byrne individually.
6. The court declines, pursuant to 28 U.S.C. § 1367 (c) (1) and (2), to exercise
supplemental jurisdiction over the state law claims in Count XV of the Fourth Amended
Complaint and the state law claims are hereby REMANDED to the Circuit Court of Montgomery
County, Alabama.
7. The clerk is DIRECTED to take all steps necessary to effect this remand.
8. The aspects of the Motion for Summary Judgment (Doc. #134) which are directed as
to the state law claims are carried with the state law claims and are left for disposition by the
state court.
Subject to the court’s ruling on remaining qualified immunity issues as to Defendant
Bradley Byrne, outlined above, the case will proceed to trial on Renoda Thomas’s Title VII and
Equal Protection failure to promote claims, Shemedrea Johnson’s Title VII and Equal Protection
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claims for failure to promote based on a 2008 reorganization request, and Tamara Ward’s Title
VII, Equal Protection, and Equal Pay Act claims based on placement on the D Salary Schedule.
Done this 26th day of August, 2011.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

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