Groce v. Franklin County Commission et al

Filing 14

PARTIAL DISMISSAL ORDER,as set out, ADOPTING and ACCEPTING the magistrate judge's report and recommendation 13 . As to dfts' motion to dismiss 7 , it is, therefore, ORDERED, ADJUDGED and DECREED that: (1) dfts' motion to dismiss pla 's Title VII claim for wrongful termination based on her race is DENIED; (2) dfts' motion to dismiss pla's Title VII claim for failure to promote based on her race is GRANTED, and such claim is DISMISSED WITH PREJUDICE; (3) dfts' motion to dismiss pla's Title VII claim for raciallyhostile environment and Title VII claim against dft Gene Ellison in his individual capacity is MOOT; (4) dfts' motion to dismiss pla's claims pursuant to 42 U.S.C. §1981 is GRAN TED, and such claims are DISMISSED WITH PREJUDICE;(5) dfts' motion to dismiss pla's 42 U.S.C. § 1983 claims for disparate treatment is DENIED; (6) dfts' motion to dismiss pla's 42 U.S.C. § 1983 claim for racially hosti le environment is MOOT; (7) dfts' motion to dismiss pla's 42 U.S.C. § 1983 claims against dft Gene Ellison based on qualified immunity is DENIED WITHOUT PREJUDICE to reasserting a qualified immunity claim on summary judgment; (8) dfts ' motion to dismiss pla's Age Discrimination in Employment Act claim against the Franklin County Commission and Franklin County Revenue Commission is DENIED; and (9) dfts' motion to dismiss pla's Age Discrimination in Employment Act claim against dft Gene Ellison in his individual capacity is MOOT. Motion terminated 7 . Signed by Judge Sharon Lovelace Blackburn on 7/16/14. (CTS, )

FILED
2014 Jul-17 AM 08:49
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION
EVELYN GROCE,
Plaintiff
vs.
FRANKLIN COUNTY COMMISSION,
et al.,
Defendants

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) Case No. 3:13-cv-01769-HGD
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PARTIAL DISMISSAL ORDER
On June 20, 2014, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. No objections to
the magistrate judge’s report and recommendation have been filed by plaintiff or
defendants.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court hereby ADOPTS the report of the magistrate
judge. The court further ACCEPTS the recommendations of the magistrate judge.
It is, therefore, ORDERED, ADJUDGED and DECREED that:

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(1)

defendants’ motion to dismiss plaintiff’s Title VII claim for wrongful

termination based on her race is due to be and hereby is DENIED;
(2)

defendants’ motion to dismiss plaintiff’s Title VII claim for failure to

promote based on her race is due to be and hereby is GRANTED, and such claim is
DISMISSED WITH PREJUDICE;
(3)

defendants’ motion to dismiss plaintiff’s Title VII claim for racially

hostile environment and Title VII claim against defendant Gene Ellison in his
individual capacity is MOOT;
(4)

defendants’ motion to dismiss plaintiff’s claims pursuant to 42 U.S.C. §

1981 is due to be and hereby is GRANTED, and such claims are DISMISSED
WITH PREJUDICE;
(5)

defendants’ motion to dismiss plaintiff’s 42 U.S.C. § 1983 claims for

disparate treatment is due to be and hereby is DENIED;
(6)

defendants’ motion to dismiss plaintiff’s 42 U.S.C. § 1983 claim for

racially hostile environment is MOOT;
(7)

defendants’ motion to dismiss plaintiff’s 42 U.S.C. § 1983 claims against

defendant Gene Ellison based on qualified immunity is due to be and hereby is
DENIED WITHOUT PREJUDICE to reasserting a qualified immunity claim on
summary judgment;

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(8)

defendants’ motion to dismiss plaintiff’s Age Discrimination in

Employment Act claim against the Franklin County Commission and Franklin County
Revenue Commission is due to be and hereby is DENIED; and
(9)

defendants’ motion to dismiss plaintiff’s Age Discrimination in

Employment Act claim against defendant Gene Ellison in his individual capacity is
MOOT.
DONE this 16th day of July, 2014.

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE

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