Sprayberry v. Mississippi Department of Education et al
| Todd Sprayberry |
| Mississippi Department of Education, Carey Wright, Dr., Patrick Ross, Paula . Vanderford, Mike Vinson, C. M. Boyles, Annette Varner and John Does X, Y and Z |
| 3:2015cv00205 |
| March 18, 2015 |
| US District Court for the Southern District of Mississippi |
| Northern (Jackson) Office |
| Hinds |
| John C. Gargiulo |
| William H. Barbour |
| Employment |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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| Document Text |
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Filing
37
ORDER granting 14 Motion to Dismiss State Law Claims for the alternate reason that the Court lacks jurisdiction to hear this claim because there has been no showing that Plaintiff exhausted required administrative remedies. Dismissing 16 Motion t o Strike Request for Jury Trial as to State Law Claims and dismissing 17 Motion to Strike Demand for Punitive Damages as to State Law Claims as moot. Granting in part and denying in part 18 Motion to Dismiss Federal Law Claims. The Motion is gra nted to the extent it seeks dismissal of Plaintiffs (1) claims under the Individuals with Disabilities Education Act; (2) claims under Title VII of the Civil Rights Act that are asserted against these defendants in their individual capacities; (3) Fi rst Amendment retaliation claim under 42 U.S.C. § 1983 against Defendant Mike Vinson in his official and individual capacities; and (4) First Amendment retaliation claim under 42 U.S.C. § 1983 against Defendant C.M. Boyles in his official a nd individual capacities that is based on alleged retaliatory employment actions that occurred on or before June 30, 2014. The Motion is denied to the extent it seeks dismissal of Plaintiffs Title VII claims against Mike Vinson and C.M. Boyles in th eir official capacities, and his First Amendment retaliation claim under 42 U.S.C. § 1983 against Defendant C.M. Boyles in his official and individual capacities that is based on alleged retaliatory employment actions that occurred on or after June 30, 2014. Signed by District Judge William H. Barbour, Jr., on 03/31/3016.
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