Lanahan v. County of Cook et al
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|Date Filed||#||Document Text|
|April 13, 2018
MEMORANDUM Opinion and Order Signed by the Honorable John J. Tharp, Jr on 4/13/2018: For the reasons set forth in the Memorandum Opinion and Order, the defendants motions to dismiss 41 , 46 are granted in part and denied in part. The Court finds t hat in Count III, Lanahan has adequately pleaded a violation of § 1983 based on First Amendment violations by all defendants other than Preckwinkle and Cook County, but she has failed to plausibly allege a violation based on due process. In Coun t V, Lanahan sufficiently alleges a violation of Title VII based on the relocation and reorganization of her employees; she cannot, however, proceed on this theory based on any of the time-barred or unexhausted acts of retaliation. Count VI is barred by the statute of limitations and is therefore dismissed with prejudice. Count VII is dismissed with prejudice to the extent that Lanahan seeks to base respondeat superior liability on § 1983 or a state law theory of gross negligence. Lanahan has leave to file a further amended complaint, consistent with the Courts rulings, no later than May 4, 2018. A status hearing is set for May 15, 2018 at 9:00 a.m. Mailed notice(air, )
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