Williams v. Carolina Healthcare System, Inc. et al

Filing 14

ORDER granting 7 Motion to Dismiss. Signed by Senior Judge Graham Mullen on 8/25/2010. (Pro se litigant served by US Mail.)(cw)

Williams v. Carolina Healthcare System, Inc. et al

Doc. 14

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:10-CV-232-GCM
JA CKA LIN S. WILLIAMS ) ) P l a in t i f f , ) ) v. ) ) CA RO LIN A S HEALTHCARE SYSTEM, ) SU SA N N E THOMASON, ANGELA ) HU MPHREY, and SHERRY LAURENT ) ) D efend ants. ) _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ )

THIS MATTER is before the Court on a Motion to Dismiss by Defendants Susanne Thomason, Angela Humphrey, and Sherry Laurent. For reasons given below, Defendants' Motion is GRANTED. BACKGROUND Ms. Williams brings a Title VII1 race discrimination suit against Carolinas Healthcare System ("CMS") and CMS employees, Susanne Thomason, Angela Humphrey, and Sherry Laurent. Ms. Williams only named CMS in her Equal Employment Opportunity Commission Charge ("EEOC") charge. Ms. Williams is a pro se plaintiff and in response to this Motion to Dismiss, Ms. Williams largely reiterated the allegations in her complaint. DISCUSSION This Motion is granted for the following two reasons: (1) Under Title VII, Defendants Thomason, Humphrey and Laurent cannot be held liable as supervisors, and (2) Defendants Thomason, Humphrey, and Laurent were not named in the EEOC charge. First, "supervisors are not liable in their individual capacities for Title VII violations." Lissau v. So uthern Food Service, Inc., 159 F.3d 177, 280 (4 Cir. 1998). Ms. Williams has failed to allege, with good reason, that Defendants Thomason, Humphrey and Laurent were her employers. Thomason, Humphrey and Laurent were Ms. Williams supervisors and therefore cannot be liable under Title VII. See Lissau, 159 F.3d at 280.
th

Title VII of the Civil Rights Act prohibits an employer from discriminating against an employee on the basis of race. 42 U.S.C. 2000e-2(a). 1

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Second, even if Defendants Thomason, Humphrey and Laurent could be held liable, in this case, they were not named in the EEOC charge and therefore cannot be named as defendants in this district court action. See Causey v.Balog, 162 F.3d 795, 800 (4th Cir. 1998) ("Under Title VII. . . a
civil action may be brought only against the respondent named in the charge.").

Defendants Thomason, Humphrey and Laurent is hereby GRANTED. SO ORDERED. Signed: August 25, 2010

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