Davis v. Alabama Department of Transportation et al

Filing 57

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,

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Plaintiff,
v.
ALABAMA DEPARTMENT OF
TRANSPORTATION, as a
person under U.S.C.
§ 1983; et al.,
Defendants.

CIVIL ACTION NO.
2:16cv583-MHT
(WO)

OPINION
Plaintiff filed this lawsuit asserting claims of
retaliation

and

retaliatory

hostile-work

environment

pursuant to Title VII of the Civil Rights Act of 1964
(42

U.S.C.

§

2000e

et

seq.),

Section

504

of

The

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

States

Magistrate

Judge

that

defendants’

motion

dismiss be granted and this case be dismissed.
are

no

objections

to

the

recommendation.

to

There

After

an

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
failure

to

concludes

object

that

the

to

the

recommendation,

magistrate

judge’s

the

court

recommendation

should be adopted, with one exception, and this case
dismissed.

The court does not adopt that part of the

recommendation
exhaust

concluding

administrative

claims.

that

plaintiff
as

remedies

Nevertheless,

this

failed
Title

to

does

his

not

change

to
VII
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
forth

by

the

magistrate

judge

for

dismissing

his

analogous claims under Title VII through the vehicle of

2

42 U.S.C. § 1983.

See Recommendation (doc. no. 56) at

32-38.
An appropriate judgment will be entered.
DONE, this the 29th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE