Opinion
Civil Action No. 06-CV-03152-JF.
November 8, 2006
MEMORANDUM AND ORDER
Plaintiff is employed as a corrections officer. She has brought this action against defendants named as "City of Philadelphia, Philadelphia Prison System, a Department of the City of Philadelphia" and "Lou Giorla, Individually and in his Official Senior Supervisory and Policy-Maker Capacity as Warden of the Curran-Fromhold Correctional Facility," asserting claims of constitutional violations under 28 U.S.C. § 1983, employment discrimination under Title VII, discrimination in violation of the Pennsylvania Human Relations Act, and defamation. The defendants have filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6).
Although plaintiff's complaint is replete with repetitive factual detail, it is apparent that none of plaintiff's claims can validly be asserted at this time. She has not obtained a right-to-sue letter from the EEOC or from the Pennsylvania Human Relations Commission; there is no such entity as "City of Philadelphia, Philadelphia Prison System"; the defendant Giorla is not plaintiff's employer for purposes of Title VII; and the defendants are immune from state-law claims for defamation.
For all of these reasons, plaintiff's complaint will be dismissed, without prejudice to her right to file an amended complaint which can properly allege that she has availed herself of administrative remedies and has obtained the necessary right-to-sue letter. Any such amended complaint should name only suable entities as defendants.
An Order follows.