Rosado et al v. Chattahoochee Valley Community College et al
Ivonne Rosado and Michelle L. Ortiz |
Chattahoochee Valley Community College, Glen Cannon and David Hodge |
3:2014cv00033 |
January 16, 2014 |
US District Court for the Middle District of Alabama |
Opelika Office |
Russell |
Myron H. Thompson |
Wallace Capel |
Employment |
42 U.S.C. ยง 2000 |
Plaintiff |
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Filing 51 OPINION AND ORDER: it is ORDERED that: (1) The renewed partial motion to dismiss filed by defendants Chattahoochee Valley Community College, Dr. Glen Cannon, and Dr. David Hodge (Doc. 21 ) and the motion to dismiss filed by defendant Dr. Mark A. Heinrich (Doc. 26 ) are granted in part and denied in part as follows: (a) Plaintiff Ivonne Rosado's AADEA claim against defendant Chattahoochee Valley Community College is dismissed. (b) Plaintiff Rosado's 1983 claims for age discriminati on against defendants Cannon, Hodge, and Heinrich are dismissed. (c) Plaintiffs Rosado's and Michelle L. Ortiz's 1983 claims for monetary damages against defendants Cannon and Hodge in their official capacities are dismissed. (d) Plaintiffs Rosados and Ortiz's 1983 claims for backpay, front pay, retroactive benefits, and injunctions to obey the law against defendants Cannon, Hodge, and Heinrich in their official capacities are dismissed. (e) Plaintiffs Rosado's and Ortiz' ;s 1983 claims for declaratory relief against defendants Cannon, Hodge, and Heinrich in their official capacities are dismissed. (f) Plaintiff Ortiz's Title VII discrimination claim against defendant Chattahoochee Valley Community College based on her rejection from a recruiter position is dismissed insofar as she asserts it as an independent ground for relief. (g) Plaintiffs Rosado and Ortiz may proceed on their 1983 claims for monetary damages and declaratory relief against defendants Ca nnon and Hodge in their individual capacities; their 1983 claims for promotions and pay raises against defendants Cannon, Hodge, and Heinrich in their official capacities; and their Title VII discrimination and retaliation claims against defendant Ch attahoochee Valley Community College (subject to the limitation on Ortiz's claim described above). (2) The motion for order of substitution filed by plaintiffs Rosado and Ortiz (Doc. 37 ) is denied as moot. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 3/29/2024. (CWL) |
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