Opinion
CASE NO. 07-CV-1052.
January 14, 2008
ORDER
Before the Court is Defendant's Motion to Dismiss. (Doc. 12). Defendant seeks dismissal of this case pursuant to Arkansas Rule of Civil Procedure 12(b)(6). Plaintiff has not responded, and the time for response has passed. The Court finds the matter ripe for consideration.
Plaintiff brought this action against Defendant pursuant to Title VII of the Civil Rights Act, alleging race discrimination. Defendant argues that Plaintiff has failed to state a claim upon which relief can be granted, because Title VII liability only applies to employers. Individual supervisors are not employers and, thus, cannot be liable under Title VII. Roark v. City of Hazen, 189 F.3d 758, 761 (8th Cir. 1999); Bonomolo-Hagen v. Clay Central-Everly Community Sch. Dist., 121 F.3d 446, 447 (8th Cir. 1997); Lenhardt v. Basic Inst. of Technology, 55 F.3d 377, 381 (8th Cir. 1995). Here, Paul Meason is a supervisor and not an employer. Thus, Plaintiff's claims against Defendant Paul Meason, individually, should be dismissed. Moreover, Plaintiff has offered no arguments as to why this case should not be dismissed.
Accordingly, Defendant's Motion to Dismiss should be and hereby is GRANTED. All claims against Defendant Paul Meason are DISMISSED.