Scott v. NH Police Standards and Training Council et al

Filing 18

ORDER denying 15 Motion for Reconsideration. Re: 13 Order on Motion to Dismiss. So Ordered by Judge Paul J. Barbadoro.(jna)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

David B. Scott
v.

Civil No. 12-cv-435-PB

New Hampshire Police Standards &
Training Council, et al.

O R D E R

I decline to reconsider my ruling that the defendants are not
employers subject to liability under Title VII.

I am also

unpersuaded by the plaintiff's contention that either defendant is
subject to liability as a labor organization.

Plaintiff cites no

cases that directly support his argument, and he has failed to explain
how either defendant can be seen in the context of this case as an
organization "in which employees participate," as that phrase is used
in the statute.

The mere fact that trainees attend the academy does

not qualify either the state or the Police Standards & Training
Council as a labor organization.

Because employee participation is

a requirement to qualify as a labor organization, I also reject
plaintiff's contention that the defendants are subject to liability
on this basis.
denied.

The motion for reconsideration (Doc. No. 15) is

SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
April 10, 2013
cc:

David B. Scott, pro se
Nancy J. Smith, Esq.