Gholson v. Benham et al

Filing 15

OPINION. Signed by District Judge John A. Gibney, Jr on 5/19/15. Copy sent: Yes (tdai, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

JOYCE J. GHOLSON,
Plaintiff,
V.

Case No. 3:14-cv-622-JAG

STEVEN BENHAM, et al
Defendant.
OPINION

In February 2013, the Hopewell Redevelopment and Housing Authority fired long-time

employee Joyce Gholson. Gholson claims that her termination was the culmination of years of
harassment and discrimination based on her race, color, gender, and age. She filed this law suit

against the Authority, its commissioners, and various employees, alleging violations of Title VII,

the Age Discrimination in Employment Act, and her Fourteenth Amendment rights.

The

defendants filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Upon review of the complaint, the Court grants the motion in part and denies the motion in part.
The result of this opinion is the winnowing of Gholson's various claims. Stated simply,

each type of discrimination—race, color, age, or gender—can move forward, but only under
certain legal theories and against certain defendants. Gholson states valid claims for race, color,

and age discrimination under Title VII and the ADEA, but those claims may be brought against
only the Housing Authority, not the individual defendants. She also states valid claims for race
and gender discrimination under § 1983, but only against defendants Steven Benham, Kathryn

Thompson, and Madelyn Madison-Hyde, not the Housing Authority or the other remaining
individual defendants. The remaining allegations fail to state a claim due to the doctrines of