Opinion
No. 00 C 7027.
February 1, 2001.
MEMORANDUM ORDER
In partial response to the self-prepared employment discrimination action tiled by its ex-employee Bertell Harris ("Harris"), the Board of Trustees off University of Illinois at Chicago ("University") has served notice of its contemplated February 15, 2001 presentment of two motions:
1. University's Motion to Dismiss Count I of Harris' Complaint, in which he charges that the University's termination of his employment violated 42 U.S.C. § 1981 ("Section 1981") and
2. University's motion to strike Harris' attempt to recover punitive damages, as reflected in Complaint § 15 and in his prayer for relief.
Because each of those motions is not only well-founded but is totally unanswerable, both of them are granted now.
As for Section 1981, it is well established that (just like 42 U.S.C. § 1983) all claims alleging the deprivation of rights protected under that rubric are subject to a two-year statute of limitations (see, e.g., Smith v. City of Chicago Heights, 951 F.2d 834, 836 n. 1 (7th Cir. 1992)and cases cited there). Because Harris' employment was terminated on February 17, 1998, and because he did not bring this action until November 2000, his Section 1981 claim is well beyond the two-year watershed. It is dismissed with prejudice.
As for punitive damages under Harris' surviving Count II claim (one brought under Title VII), those are expressly barred by congressional enactment where a governmental employer is involved (see Section 1981(a)(b)(1)). Hence Complaint ¶ 15 and the portion of his prayer for relief referred to earlier are stricken.
In summary, both of University's motions are granted. But University is ordered to file its answer to Complaint Count II by a filing in this Court's chambers on or before February 14, 2001 (with a copy of course to be transmitted to Harris), and the previously-set status hearing of February 15 will remain in effect.