Warr-Hightower v. Illinois Central College
Celia L. Warr-Hightower |
Illinois Central College |
1:2017cv01153 |
April 14, 2017 |
US District Court for the Central District of Illinois |
Peoria Office |
Peoria |
Jonathan E. Hawley |
Joe Billy McDade |
Employment |
42 U.S.C. ยง 1983 |
Plaintiff |
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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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