Long v. Alabama Department of Human Resources et al(JOINT ASSIGN)(MAG+)
OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 1/30/2015. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ALABAMA DEPARTMENT OF
HUMAN RESOURCES, et al.,
CIVIL ACTION NO.
defendants Alabama Department of Human Resources, Nancy
Buckner, and Sharon E. Ficquette, asserting that he was
retaliated against and ultimately fired for obeying a
subpoena in a co-worker’s employment-discrimination case
This lawsuit is now before the court
on the recommendation of the United States Magistrate
Judge that the plaintiff’s motion for summary judgment
should be denied and the defendants’ motion for summary
Also before the court are plaintiff’s
objections to the recommendation.
After an independent
and de novo review of the record, the court concludes
that plaintiff’s objections should be overruled and the
magistrate judge’s recommendation adopted, albeit in part
retaliation claims under Title VII of the Civil Rights
Act of 1964 (42 U.S.C. §§ 1981a & 2000e through 2000eB17)
§ 1983), the court agrees with the magistrate judge in
full. As to the plaintiff’s First Amendment claim under
§ 1983, the court agrees with the magistrate judge that
qualified immunity precludes relief.
However, as to the plaintiff’s state-law claim under
the Alabama State Employees Protection Act (1975 Ala.
Code §§ 36-26A-1, et seq.), the court believes that it
should dismiss this claim without prejudice, especially
since there is no state law directly on point.
parties agree that the court has this discretion and that
the refiling of the claim in state court would not be
A district court has discretion to decline
Courts are strongly encouraged to dismiss state
claims when the federal claims have been resolved prior
See id. (concluding that “federal court[s]
jurisdiction by dismissing the case without prejudice”
when the federal-law claims have been dismissed prior to
An appropriate judgment will be entered.
DONE, this the 30th day of January, 2015.
/s/ Myron H. Thompson___
UNITED STATES DISTRICT JUDGE
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