Opinion
NO. 3:09-00198.
September 9, 2009
ORDER
Before the Court is the Defendant Frank Mayberry's motion to dismiss (Docket Entry No. 6), contending that Plaintiff's state law battery claim is time-barred and that Plaintiff cannot seek individual liability under Title VII. 42 U.S.C. § 2000e, et seq. Wathen v. GE, 115 F.3d 400, 405 (6th Cir. 1997). ("We now hold that an individual employee/supervisor, who does not otherwise qualify as an `employer,' may not be held personally liable under Title VII.")
Based upon Wathen, Plaintiff's Title VII claim against Defendant Mayberry is DISMISSED and to that extent, Defendant Mayberry's motion to dismiss is GRANTED. The Court DECLINES to exercise the Court's supplemental jurisdiction over Plaintiff's state law claim that is DISMISSED without prejudice to be pursued in the state court.
It is so ORDERED.