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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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