Heath v. Bullitt County Board of Education et al

Filing 35

MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 5/23/12; Plaintiffs remaining causes of action are DISMISSEDWITH PREJUDICE. This is a final order.cc:counsel, Sharon R. Heath - pro se (DAK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:11-CV-199-H

SHARON R. HEATH

PLAINTIFF

V.
BULLITT COUNTY BOARD OF EDUCATION
and
BULLITT COUNTY DETENTION CENTER AND
ADULT LEARNING CENTER

DEFENDANTS

MEMORANDUM OPINION AND ORDER
On May 18, 2012, the Court held a conference with Plaintiff and counsel for the
remaining Defendant, Bullitt County Board of Education. The parties and the Court thoroughly
discussed the remaining claim.
In February 21, 2012, the Court dismissed Plaintiff’s age and gender discrimination
claims as barred by the statute of limitations. That decision turned on the facts of that first
EEOC complaint which was dismissed January 11, 2011, and that Plaintiff did not file her
federal complaint until August 1, 2011. As it turns out, that first EEOC complaint also contained
Plaintiff’s only reference to her sexual harassment claim. Therefore, the sexual harassment is
barred based upon the same statute of limitation grounds analysis.
At the conference, Plaintiff explained that employees of the Bullitt County Detention
Center were responsible for the harassment alleged in the complaint. Plaintiff was an employee
of the Board of Education. It cannot be held responsible for alleged sexual harassment
perpetrated by a third party.
For all of these reasons, the Court concludes that Plaintiff has no grounds to pursue a

viable sexual harassment claim against the Board of Education.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that Plaintiff’s remaining causes of action are DISMISSED
WITH PREJUDICE.
This is a final order.

May 23, 2012

cc:

Sharon R. Heath, Pro Se
Counsel of Record