Warr-Hightower v. Illinois Central College

Justia Dockets & Filings Seventh Circuit Illinois Central District Warr-Hightower v. Illinois Central College

Warr-Hightower v. Illinois Central College

Plaintiff:	Celia L. Warr-Hightower
Defendant:	Illinois Central College
Case Number:	1:2017cv01153
Filed:	April 14, 2017
Court:	US District Court for the Central District of Illinois
Office:	Peoria Office
County:	Peoria
Presiding Judge:	Jonathan E. Hawley
Presiding Judge:	Joe Billy McDade
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 15, 2017	Filing 24 ORDER & OPINION entered by Judge Joe Billy McDade on 11/14/2017. The matter is before the Court on Defendants' Motion to Dismiss the Amended Complaint. (Doc. 16 ). The motion has been fully briefed. For the reasons stated below, the motion is G RANTED IN PART and DENIED IN PART. 1) Plaintiff's class allegations against ICC and the Board are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. As Plaintiff only makes class-wide allegations against the Board, the B oard is also DISSMISED WITHOUT PREJUDICE from this action; 2) Plaintiff's Amended Complaint does not unambiguously establish that her individual Title VII claims are time-barred; 3) Plaintiff has plausibly pleaded individual race discrimination and retaliation claims under Title VII and ICRA against ICC; 4) Plaintiff has plausibly pleaded individual capacity § 1983 claims against Defendants Bruce Budde, Rita Ali, Martha Bloodsaw, Amy Daxenbichler, Emily Points, and Tracy Morris; 5) Pla intiff has not plausibly pleaded individual capacity § 1983 claims againstDefendants Carl Cannon, Kelly Daniels, Paula Davis, Michael Everett, Diane M. Lamb, Frank H. Mackaman, Gale Thetford, Shannon Quirk-Bailey, John Erwin, William Tammone, Don Brennan, and Susan Yoder-Portscheller. Those Defendants are hereby DISMISSED WITH PREJUDICE from this action; and 6) ICC's motion to dismiss the original complaint (Doc. 5 ) is DENIED as MOOT. SEE FULL WRITTEN ORDER AND OPINION. (JS, ilcd)

Date Filed

Document Text

November 15, 2017

Filing 24 ORDER & OPINION entered by Judge Joe Billy McDade on 11/14/2017. The matter is before the Court on Defendants' Motion to Dismiss the Amended Complaint. (Doc. 16 ). The motion has been fully briefed. For the reasons stated below, the motion is G RANTED IN PART and DENIED IN PART. 1) Plaintiff's class allegations against ICC and the Board are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. As Plaintiff only makes class-wide allegations against the Board, the B oard is also DISSMISED WITHOUT PREJUDICE from this action; 2) Plaintiff's Amended Complaint does not unambiguously establish that her individual Title VII claims are time-barred; 3) Plaintiff has plausibly pleaded individual race discrimination and retaliation claims under Title VII and ICRA against ICC; 4) Plaintiff has plausibly pleaded individual capacity § 1983 claims against Defendants Bruce Budde, Rita Ali, Martha Bloodsaw, Amy Daxenbichler, Emily Points, and Tracy Morris; 5) Pla intiff has not plausibly pleaded individual capacity § 1983 claims againstDefendants Carl Cannon, Kelly Daniels, Paula Davis, Michael Everett, Diane M. Lamb, Frank H. Mackaman, Gale Thetford, Shannon Quirk-Bailey, John Erwin, William Tammone, Don Brennan, and Susan Yoder-Portscheller. Those Defendants are hereby DISMISSED WITH PREJUDICE from this action; and 6) ICC's motion to dismiss the original complaint (Doc. 5 ) is DENIED as MOOT. SEE FULL WRITTEN ORDER AND OPINION. (JS, ilcd)

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Plaintiff: Celia L. Warr-Hightower
Represented By:	Linda Debra Friedman
Represented By:	James Bryan Wood
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Defendant: Illinois Central College
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