Maye v. Conecuh County Board of Education

Filing 7

ORDER denying 4 Partial Motion to Dismiss. Signed by Chief Judge William H. Steele on 1/17/2012. Copy mailed to Plaintiff. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WARRICK MAYE,
Plaintiff,
v.
CONECUH COUNTY BOARD OF
EDUCATION,
Defendant.

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) CIVIL ACTION 11-0666-WS-M
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ORDER

This matter is before the Court on the defendant’s partial motion to dismiss. (Doc.
4). The complaint alleges that the defendant violated Title VII and Section 1983 by
failing to promote the plaintiff to any of three administrative positions due to his gender.
The defendant’s motion does not address the plaintiff’s claims but only his prayer
for relief. The defendant first argues that the plaintiff seeks an impermissibly vague,
“obey-the-law” injunction. (Doc. 5 at 2). Assuming without deciding that the complaint
seeks such an injunction, it also seeks an injunction enjoining the defendant “from failing
and refusing to employ plaintiff in an administrative position,” (Doc. 1 at 3), relief that
does not appear subject to the infirmity of which the defendant complains; certainly the
defendant’s skeletal brief does not demonstrate the contrary.
The defendant next notes that Alabama law forbids injunctive relief when
adequate legal remedies exist. (Doc. 5 at 3-4). Maybe so, but the plaintiff presents only
federal claims, and his entitlement to injunctive relief is governed by federal law, not
state law.1
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Contrary to the defendant’s brief, (Doc. 5 at 3), the plaintiff has filed no motion for
preliminary injunction.
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Finally, the defendant objects to any award of attorney’s fees because the plaintiff
represents himself. (Doc. 5 at 4). Because this litigation is far from over, and because
the Court cannot predict whether the plaintiff will hereafter be assisted by counsel, a
prohibition of such relief would be premature.
For the reasons set forth above, the defendant’s partial motion to dismiss is
denied.
DONE and ORDERED this 17th day of January, 2012.

s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE

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