WALKER v. RHA/HOWELL CARE CENTERS, INC. et al

Filing 17

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 08/01/2014, that the Motion to Dismiss [Doc. # 12 filed by Defendant John and Defendant Foster be granted, and that all claims against these two Defendants be dismissed. The case should proceed as to Defendant RHA Howell Care Centers, Inc. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CYNTHIA D. WALKER,
Plaintiff,
v.
RHA/HOWELL CARE CENTERS, INC.,
KANDY JOHN, DEBORAH FOSTER,
Defendants.

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1:14CV367

RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
This employment discrimination action comes before the Court on a Motion to Dismiss
[Doc. #12] pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by individual Defendants
Kandy John and Deborah Foster. In the Motion to Dismiss, Defendants note that Plaintiff
Walker’s claims arise under the Americans with Disabilities Act of 1990, as amended (“ADA”).
The ADA, however, does not permit an action against individual supervisors for violation of its
provisions. Baird ex rel. Baird v. Rose, 192 F.3d 462, 471-71 (4th Cir. 1999) (holding that the
ADA does not permit action against individual defendants). Therefore, Plaintiff Walker cannot
state a claim upon which relief may be granted under the ADA against individual Defendants
John and Foster.
Plaintiff Walker has filed a Response [Doc. #15] to Defendants’ Motion to Dismiss,
stating that she will not contest the Motion to Dismiss by Defendant John and Defendant
Foster, but noting that she is still pursuing her claim against Defendant RHA Howell Care
Centers, Inc. No motion to dismiss is pending as to Defendant RHA. Therefore, the Court

recommends that the Motion to Dismiss filed by Defendants Kandy John and Deborah Foster
be granted and that all claims against them be dismissed. The case will continue as to Defendant
RHA Howell Care Centers, Inc.
IT IS THEREFORE RECOMMENDED that the Motion to Dismiss [Doc. #12] filed
by Defendant John and Defendant Foster be granted, and that all claims against these two
Defendants be dismissed. The case should proceed as to Defendant RHA Howell Care Centers,
Inc.
This, the 1st day of August, 2014.

/s/ Joi Elizabeth Peake
United States Magistrate Judge

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