Opinion
Civil Action No. 07-899.
April 7, 2008
ORDER
AND NOW, this 7th day of April, 2008, it is hereby ORDERED, ADJUDGED and DECREED THAT upon consideration of defendants' partial motion to dismiss, [Doc. No. 14], their accompanying brief in support and any response filed by plaintiff response thereto, IT IS HEREBY ORDERED THAT the following counts are dismissed, with prejudice:
(A) Count I to the extent it asserts a Title VII claim against the individually named defendant Hritz because individuals are not liable under Title VII;
(B) Count I to the extent it asserts a race discrimination claim because plaintiff failed to raise any race discrimination charge before the EEOC; and
(C) Defendant's motion to dismiss Count II, deprivation of civil rights in its entirety, is denied without prejudice to defendants' right to raise the same issues on a fully developed record.