MITCHELL v. MUNCIE COMMUNITY SCHOOLS
| JAMES E. MITCHELL |
| MUNCIE COMMUNITY SCHOOLS |
| 1:2015cv01881 |
| November 30, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
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Filing
79
ORDER - Pro se Plaintiff James Mitchell, who is African American, worked as a custodian for Defendant Muncie Community Schools ("MCS") for a little over six years. During his tenure, Mr. Mitchell was disciplined numerous times for variou s reasons. In January 2015, after he was involved in a heated argument with a co-worker, Mr. Mitchell's employment was terminated. Subsequently, Mr. Mitchell brought this lawsuit against MCS, alleging a claim for race discrimination and a cla im for retaliation based in part on charges he filed with the Equal Employment Opportunity Commission ("EEOC"). Mr. Mitchell moved for summary judgment, [Filing No. 64], MCS cross-moved for summary judgment, [Filing No. 65 ], and both m otions are now ripe for the Court's decision. For the reasons stated in this Order, the Court GRANTS IN PART and DENIES IN PART Mr. Mitchell's Motion to Include Exhibits With Summary Judgment Response, [Filing No. 76 ], as set forth abo ve; DENIES Mr. Mitchell's Motion for Summary Judgment, [Filing No. 64 ]; and GRANTS MCS's Motion for Summary Judgment, [Filing No. 65 ]. Final judgment shall enter accordingly. (See Order). Copy mailed to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/13/2017. (APD) Modified on 7/13/2017 (APD).
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Filing
42
ORDER - For the foregoing reasons, Defendants' 36 Additional Motion to Dismiss Portions of Plaintiff's Amended Pro Se Complaint is GRANTED IN PART to the extent that the Individual Defendants are DISMISSED from this matter. The Clerk i s directed to TERMINATE Defendants Kathy Ray, Tim Heller, Mark Burkhart, Lon Sloan, Tom Jarvis, Rebecca Thompson, Joe Martinez, Dan Justice, Gerry Moore, DiLynn Phelps, Paul Dytmire, Deborah Badders, Chris Smith, Jenny Locke, Kim Frazier, and Suza nne Crump as Defendants in this matter. No partial final judgment shall enter at this time. The 36 Additional Motion to Dismiss Portions of Plaintiff's Amended Pro Se Complaint is DENIED IN PART to the extent that the Court declines to strike any paragraphs from the Amended Complaint. (See Order.) Signed by Judge Jane Magnus-Stinson on 7/15/2016. Copy sent to Plaintiff via US Mail. (GSO)
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Filing
35
ORDER - The Court GRANTS IN PART Defendants' 29 Renewed Motion to Dismiss Plaintiff's Amended Pro Se Complaint to the extent that Mr. Mitchell's hostile work environment claim is DISMISSED WITH PREJUDICE. The Court DENIES IN PART Defendants' 29 Renewed Motion to Dismiss Plaintiff's Amended Pro Se Complaint to the extent that the Court declines to dismiss Mr. Mitchell's retaliation claim, or to strike the paragraphs of his Amended Complaint which relate to conduct occurring between 2009 and 2013. To the extent Defendants wish to raise any additional dismissal arguments, they must file a single Motion to Dismiss (with a single supporting brief) within 30 days of the date of this Order. (See Order.) Signed by Judge Jane Magnus-Stinson on 5/27/2016. Copy sent to Plaintiff via US Mail. (GSO)
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| Plaintiff: JAMES E. MITCHELL | |
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| Defendant: MUNCIE COMMUNITY SCHOOLS | |
| Represented By: | Marsha Volk Bugalla |
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