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Preacely v. City of Houston

United States District Court, S.D. Texas, Houston Division
May 11, 2010
CIVIL CASE NO. H-10-0492 (S.D. Tex. May. 11, 2010)

Summary

dismissing individual city employees as defendants in Title VII case

Summary of this case from Gallentine v. Hous. Auth. of Port Arthur

Opinion

CIVIL CASE NO. H-10-0492.

May 11, 2010


MEMORANDUM AND ORDER


Plaintiff Darren Preacely, proceeding pro se, is a former Project Manager for the City of Houston's Housing and Community Development Department. He filed this employment discrimination lawsuit against the City of Houston and individuals Richard S. Celli and Donald H. Sampley, alleging race discrimination culminating in the termination of his employment with the City. Plaintiff seeks reemployment and monetary relief.

The case is now before the Court on the Motion to Dismiss [Doc. # 3] filed by Defendants Celli and Sampley. The individual Defendants argue that plaintiffs asserting Title VII claims in the Fifth Circuit cannot sue both the employer and its individual agents. Plaintiff filed a Response [Doc. # 10] and a Supplemental Response [Doc. # 13], and Defendants Celli and Sampley filed a Reply [Doc. # 15]. Having reviewed the full record and applied governing legal authorities, the Court grants the individuals' Motion to Dismiss.

"Relief under Title VII is available only against an employer, not an individual supervisor or fellow employee." Foley v. University of Houston Sys., 355 F.3d 333, 340 n. 8 (5th Cir. 2003) (citing 42 U.S.C. § 2000e(b) (definition of "employer"); Grant v. Lone Star Co., 21 F.3d 649, 651-53 (5th Cir. 1994)). While the statutory definition of employer includes any agent of the employer, the Fifth Circuit has concluded that Congress merely intended to incorporate respondeat superior liability into Title VII by this inclusion. See Indest v. Freeman Decorating, Inc., 164 F.3d 258, 262 (5th Cir. 1999). It is clearly established in the Fifth Circuit that "a party may not maintain a suit against both an employer and its agent under Title VII." Id.; see also King v. Louisiana, 294 F. App'x 77, 83 (5th Cir. Sept. 23, 2008).

Plaintiff asserts that the individual Defendants were appointed by the Mayor and, therefore, are not civil servants within Title VII's definition of "employee." The relevant issue here, however, is whether the individual Defendants were Plaintiff's "employer" as that term is defined in Title VII as interpreted by the Fifth Circuit.

The moving Defendants, individual agents of the City of Houston, are not proper defendants in this Title VII case. Consequently, it is hereby

ORDERED that Defendants Richard S. Celli and Donald H. Sampley's Motion to Dismiss [Doc. # 3] is GRANTED and Plaintiff's claims against these individual Defendants are DISMISSED. Plaintiff's claims against Defendant City of Houston remain pending.


Summaries of

Preacely v. City of Houston

United States District Court, S.D. Texas, Houston Division
May 11, 2010
CIVIL CASE NO. H-10-0492 (S.D. Tex. May. 11, 2010)

dismissing individual city employees as defendants in Title VII case

Summary of this case from Gallentine v. Hous. Auth. of Port Arthur

dismissing individual city employees as defendants in Title VII case

Summary of this case from Gallentine v. Hous. Auth. of Port Arthur

dismissing individual city employees as defendants in Title VII case

Summary of this case from Williams v. City of Port Arthur
Case details for

Preacely v. City of Houston

Case Details

Full title:DARREN PREACELY, Plaintiff, v. CITY OF HOUSTON, et al., Defendants

Court:United States District Court, S.D. Texas, Houston Division

Date published: May 11, 2010

Citations

CIVIL CASE NO. H-10-0492 (S.D. Tex. May. 11, 2010)

Citing Cases

Williams v. City of Port Arthur

To the extent Williams asserts Title VII claims against the individual defendants, they are dismissed, as…

Gallentine v. Hous. Auth. of Port Arthur

While Title VII's definition of the term employer includes "any agent" of an employer, the Fifth Circuit does…