Jowers v. Wynne et al
Filing
13
ORDER that: (1) By agreement of the parties, the name of defendant William T. Wynn, Jr. (who is sued in his official capacity only) is corrected to read William W. Wynne, Jr. The docket sheet is corrected to reflect the same. (2) Defendants State o f Alabama and Wynne's, motion to dismiss 9 is granted as set out in order. (3) By agreement of the parties, the Alabama Board of Pardons and Paroles is substituted for the State of Alabama as the defendant on plaintiff Jowers's Title VI I claims. The State of Alabama is thus terminated as a party in this case. (4) The motion to dismiss 9 is denied in all other respects; that the only remaining claims and parties are: (1) the race and sex discrimination claims against defendant Al abama Board of Pardons and Paroles under Title VII and (2) the race and sex discrimination claims against defendant Wynne seeking injunctive relief under § 1983 (the statutory enforcement provision for the Equal Protection Clause of the Fourteenth Amendment). Signed by Honorable Judge Myron H. Thompson on 6/15/2012. (jg, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ROSSLON JOWERS,
)
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)
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)
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Plaintiff,
v.
STATE OF ALABAMA and
WILLIAM T. WYNN, JR., in
his official capacity as
Chairman of the Board of
Pardons and Paroles,
Defendants.
CIVIL ACTION NO.
2:12cv423-MHT
(WO)
ORDER
Based on the representations made during the on-therecord oral argument by telephone on June 15, 2012, at
8:00 a.m., it is ORDERED that:
(1) By
agreement
of
the
parties,
the
name
of
defendant William T. Wynn, Jr. (who is sued in his
official capacity only) is corrected to read William W.
Wynne, Jr.
The docket sheet is corrected to reflect the
same.
(2) Defendants State of Alabama and Wynne’s, motion
to dismiss (doc. no. 9) is granted to the following
extent:
plaintiff
Rosslon
Jowers’s
Fourth
Amendment
claims against the defendants State of Alabama and Wynne
are dismissed by agreement of the parties; plaintiff
Jowers’s 42 U.S.C. § 1983 claims against the defendant
State of Alabama are dismissed; plaintiff Jowers’s § 1983
claims against defendant
Wynne insofar as the claims
seek money damages are dismissed; plaintiff Jowers’s
claims under Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. §§ 1981a, 2000e through 2000e-17,
against defendant Wynne are dismissed.
(3) By agreement of the parties, the Alabama Board of
Pardons and Paroles is substituted for the State of
Alabama as the defendant on
claims.
plaintiff Jowers’s Title VII
The State of Alabama is thus terminated as a
party in this case.
(4) The motion to dismiss (doc. no. 9) is denied in
all other respects.
It is further ORDERED that the only remaining claims
and parties are: (1) the race and sex discrimination
2
claims against defendant Alabama Board of Pardons and
Paroles
under
Title
VII
and
(2)
the
race
and
sex
discrimination claims against defendant Wynne seeking
injunctive relief under § 1983 (the statutory enforcement
provision
for
the
Equal
Protection
Clause
of
Fourteenth Amendment).
DONE, this the 15th day of June, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
the
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