Anthony v. State of Alabama Legislative Reference Service (MAG+)

Filing 46

OPINION. Signed by Honorable Judge Myron H. Thompson on 9/29/14. (scn, )

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

DEBORAH ANTHONY,
Plaintiff,
v.
STATE OF ALABAMA
LEGISLATIVE REFERENCE
SERVICE and JERRY BASSETT,
in his individual and
official capacities,
Defendants.

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CIVIL ACTION NO.
2:13cv449-MHT
(WO)

OPINION

Plaintiff Deborah Anthony filed this lawsuit against
defendants Alabama Legislative Reference Service and Jerry
Bassett asserting claims of race and sex discrimination
with regard to her employment.

This lawsuit is now before

the court on the recommendation of the United States
Magistrate Judge that defendants’ motions for summary
judgment

should

be

granted

as

to

all

claims

except

Anthony’s Title VII hostile-environment claim against the
Alabama Legislative Reference Service.

Also before the

court

are

the

recommendation.

defendants’

objections

to

the

After an independent and de novo review

of the record, the court concludes that the defendants’
objections should be overruled and the magistrate judge’s
recommendation adopted.
While the court believes that it is doubtful whether
Anthony’s Title VII hostile-environment claim should go
forward,

the

court

believes

that

the

more

practical

approach (so as to be sure that Anthony has without
question received full notice and due process) is to refer
this claim back to the magistrate judge so that the
magistrate judge can consider sua sponte (after giving
notice to Anthony) whether summary judgment should be
granted on the claim or the Legislative Reference Service
can file a summary-judgment motion expressly targeted at
the claim.
An appropriate judgment be entered.
DONE, this the 29th day of September, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE