Foster v. Massey

Full title: GURAL FOSTER PLAINTIFF v. ANGIE MASSEY and PRO WINDOW DOOR INC. DEFENDANTS

Court: United States District Court, E.D. Arkansas, Western Division

Date published: Jan 18, 2008

4:07CV01050-WRW (E.D. Ark. Jan. 18, 2008)

Opinion

4:07CV01050-WRW.

January 18, 2008

ORDER

WILLIAM WILSON JR., District Judge

Pending is Defendant's Motion to Dismiss Separate Defendant Angie Massey (Doc. No. 11). Plaintiff has not responded, and the time for doing so has passed. This is an action brought under Title VII of the Civil Rights Act for Employment Discrimination. Plaintiff seeks back pay, reinstatement, and damages. For the reasons provided below, Defendant's Motion is GRANTED.

Defendant argues that she cannot be held individually liable under Title VII, and therefore, Plaintiff fails to state a claim upon which relief may be granted.

I. Standard

II. Discussion

^{1 2 3 4}

1 Thomas W. Garland, Inc. v. City of St. Louis, 596 F.2d 784, 787 (8th Cir. 1979).

2 United States v. Mississippi, 380 U.S. 128, 143 (1965); Bennett v. Berg, 685 F.2d 1053, 1059 (8th Cir. 1983); Bramlet v. Wilson, 495 F.2d 714, 717 (8th Cir. 1974).

3 Bramlet v. Wilson, 495 F. 2d 714, 716 (8th Cir. 1974); Smith v. Quachita Technical College, 337 F.3d 1079, 1080 (8th Cir. 2003).

4 Bonomolo-Hagen v. Clay Central-Everly Community Sch. Dist., 121 F.3d 446-447 (8th Cir. 1997).

A supervisory employee may be joined as a defendant in Title VII actions.⁵ However, the supervisory employee must be viewed as being sued in his capacity as an agent for the employer, and the employer alone is liable for a violation of Title VII.⁶ In other words, supervisors can be individually named as parties to a suit as agents and representatives of the employer, but they cannot be held individually liable for damages resulting from Title VII violations.

5 Grissom v. Waterloo Indus., 902 F. Supp. 867, 870 (E.D. Ark. 1995).

6 Id.

Plaintiff has named supervisor, Angie Massey, as a defendant in this case. However, as a matter of law, since Massey cannot be held individually liable under Title VII, Plaintiff's Complaint fails to state a claim upon which relief may be granted against Massey.

III. Conclusion

For the reasons set forth above, Defendant's Motion to Dismiss Defendant Angie Massey (Doc. No 11) is GRANTED. Accordingly, Defendant Angie Massey is DISMISSED

IT IS SO ORDERED.