Groce v. Franklin County Commission et al
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|Date Filed||#||Document Text|
|July 17, 2014
PARTIAL DISMISSAL ORDER,as set out, ADOPTING and ACCEPTING the magistrate judge's report and recommendation 13 . As to dfts' motion to dismiss 7 , it is, therefore, ORDERED, ADJUDGED and DECREED that: (1) dfts' motion to dismiss pla 's Title VII claim for wrongful termination based on her race is DENIED; (2) dfts' motion to dismiss pla's Title VII claim for failure to promote based on her race is GRANTED, and such claim is DISMISSED WITH PREJUDICE; (3) dfts' motion to dismiss pla's Title VII claim for raciallyhostile environment and Title VII claim against dft Gene Ellison in his individual capacity is MOOT; (4) dfts' motion to dismiss pla's claims pursuant to 42 U.S.C. §1981 is GRAN TED, and such claims are DISMISSED WITH PREJUDICE;(5) dfts' motion to dismiss pla's 42 U.S.C. § 1983 claims for disparate treatment is DENIED; (6) dfts' motion to dismiss pla's 42 U.S.C. § 1983 claim for racially hosti le environment is MOOT; (7) dfts' motion to dismiss pla's 42 U.S.C. § 1983 claims against dft Gene Ellison based on qualified immunity is DENIED WITHOUT PREJUDICE to reasserting a qualified immunity claim on summary judgment; (8) dfts ' motion to dismiss pla's Age Discrimination in Employment Act claim against the Franklin County Commission and Franklin County Revenue Commission is DENIED; and (9) dfts' motion to dismiss pla's Age Discrimination in Employment Act claim against dft Gene Ellison in his individual capacity is MOOT. Motion terminated 7 . Signed by Judge Sharon Lovelace Blackburn on 7/16/14. (CTS, )
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