Davis v. Lewis, et al.
Filing
44
ORDER GRANTING IN PART AND DENYING IN PART 20 Motion to Dismiss: The following claims are DISMISSED: 1) Plaintiff's § 1983 Claim under the First and Fifth Amendment; 2) Plaintiff's § 1983 Claim for violation of the Fourteenth Amendment Due Process Clause for Deprivation of Property Interest; 3) Plaintiff's § 1986 Claim; and 4) Plaintiff's North Carolina Defamation Claim. The following claims REMAIN before the court: 1) Plaintiff's § 1983 Claim for violation of the Fourth Amendment; 2) Plaintiff's § 1983 Claim for violation of the Fourteenth Amendment Due Process Clause for Deprivation of Liberty Interest; 3) Plaintiff's § 1983 Claim for violation of the Fourteenth Amendme nt Equal Protection Clause; 4) Plaintiff's North Carolina Invasion of Privacy Claim; 5) Plaintiff's North Carolina Negligent Training and Supervision Claim Against Defendant Hardy, in her individual and official capacity; and 6) Plainti ff's Wrongful Discharge Claim. This matter remains scheduled for a non-final pretrial conference before United States Magistrate Judge Kimberly A. Swank at 11:30 AM on April 17, 2018 at the United States Courthouse Annex in Greenville, North Carolina. Signed by Senior Judge Malcolm J. Howard on 3/26/2018. (Lee, L.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO.: 7:16-CV-340-H
PRESTON DWIGHT DAVIS;
Plaintiff,
v.
STEPHANIE LEWIS,
individually and in her
official capacity as the
Director of Brunswick
County's Operation Services
Department, BRYAN HOLLIS,
individually and in his
official capacity as the
plaintiff's direct
supervisor, ANN HARDY,
individually and in her
official capacity as County
Manager for Brunswick
County, North Carolina, and
BRUNSWICK COUNTY, NORTH
CAROLINA,
ORDER
Defendants.
This matter
is before
the
court on defendants'
motion to
dismiss all claims for failure to state a claim upon which relief
can be granted,
defendants
have
adjudication.
[DE #20].
replied,
Plaintiff has responded,
[DE #36], and
[DE
is
#40].
This
matter
ripe
for
BACKGROUND
The complaint alleges the following facts.
Plaintiff was a
fifty-seven year old African-American male resident of the Town of
Bolivia, Brunswick County, North Carolina,
to the complaint.
Lewis,
Hollis,
behalf
of
[DE #1 at <[13].
at all times relevant
Plaintiff alleges Defendants
and Hardy were acting as supervisory personnel on
Brunswick
County
Government's
Operation
Services
Department ("the department"), and under color of state law.
Id.
at <[37. Plaintiff alleges violations of his constitutional rights
as well as violations of state law surrounding his being selected
for
drug
testing,
his
subsequent
termination
and
defendants'
decision not to rehire him.
Plaintiff
County")
<[29.
began
working
with
Brunswick
County's
department as an Equipment Operator II in 1988.
("the
Id. at
Plaintiff worked with the County's department as an Equipment
Operator II for the next eighteen years.
to the complaint,
Id.
At all times relevant
plaintiff's supervisors consistently rated his
job performance as "meets or exceeds standards."
Id. at <[15.
In
fact, plaintiff received a 2% merit-based pay raise approximately
two weeks before his termination.
Several
years
prior
to
the
Id. at <[<[15, 32.
events
surrounding plaintiff's
2014 termination, on January 10, 2011, plaintiff was charged with
Driving While Impaired ("DWI"), and as a result, he was demoted to
2
a Maintenance Assistant I
Id. at 40.
and had his salary cut by $3, 500. 00.
In a meeting held on January 21, 2011, between Defendant
Lewis and plaintiff,
Defendant Lewis assured plaintiff that his
Equipment Operator II position would remain open for thirty days,
in
order
to
provide
plaintiff
the
opportunity
Commercial Driver's License ("CDL") reinstated.1
to
have
his
Id.
Eventually,
plaintiff was found not guilty of the DWI; however,
in a letter
from Defendant Lewis dated March 2,
2011,
nine days beyond the
February 21, 2011 deadline imposed by Defendant Lewis for plaintiff
to have his CDL reinstated, Defendant Lewis informed plaintiff he
had advertised and hired a white male to fill plaintiff's position.
Id.
Defendant Lewis refused to restore plaintiff to his previous
position or salary.
Id.
At some time between 2011 and 2014, plaintiff was reinstated
to the position of Equipment Operator II, as that was the position
he held when he was terminated.
Id. at
day of March 2018.
Senior United States District Judge
At Greenville, NC
#35
20
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