Davis v. Alabama Department of Transportation et al
OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 9/29/2017. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DWIGHT H. DAVIS,
ALABAMA DEPARTMENT OF
TRANSPORTATION, as a
person under U.S.C.
§ 1983; et al.,
CIVIL ACTION NO.
Plaintiff filed this lawsuit asserting claims of
pursuant to Title VII of the Civil Rights Act of 1964
Rehabilitation Act of 1973 (28 U.S.C. § 794), and 42
U.S.C. § 1983; conspiracy to violate civil rights; and
several state-law claims (negligent hiring, training,
supervision and retention; defamation; and intentional
infliction of emotional distress).
This lawsuit is now
before the court on the recommendation of the United
dismiss be granted and this case be dismissed.
independent and de novo review of the record, and in
light of plaintiff’s failure to respond to the motion
to dismiss as to his second amended complaint and his
should be adopted, with one exception, and this case
The court does not adopt that part of the
outcome; assuming that plaintiff sufficiently exhausted
his administrative remedies, his Title VII retaliation
and retaliatory hostile-work environment claims would
still be subject to dismissal for the same reasons set
analogous claims under Title VII through the vehicle of
42 U.S.C. § 1983.
See Recommendation (doc. no. 56) at
An appropriate judgment will be entered.
DONE, this the 29th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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