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Date: 09-15-2023
Case Style:
Case Number: 2:23-CV-513
Judge: Annemarie Carney Axon
Court: United States District Court for the Northern District of Alabama (Jefferson County)
Plaintiff's Attorney: Scott Morro and Zachary Morro
Defendant's Attorney: Samantha A. Chandler and Pamela T. Jones
Description: Birmingham, Alabama civil rights lawyers represented the Plaintiff who sued the Defendant on an Americans with Disabilities Act violation theory.
Plaintiff Latricia Jones sues her former employer, Defendant City of Birmingham, for (1) disability discrimination, in violation of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12112(a) (“Count One”); (2) retaliation, in violation of the ADA, 42 U.S.C. § 12203 (“Count Two”); and (3) racial discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a) (“Count Three”). (Doc. 1 at 6-9). The City moves for a more definite statement of Counts One and Two and to dismiss Count Three. (Doc. 6). The City also moves to dismiss Ms. Jones's 42 U.S.C. § 1983 count, to the extent she raises one, and her request for punitive damages. (Id. at 5-6, 9).
Outcome:
The court WILL GRANT IN PART and WILL DENY IN PART the City's motion. The court WILL DENY the City's motion for a more definite statement of Counts One and Two because the City incorrectly argues that Ms. Jones is required
to plead with particularity. The court WILL DENY the City's motion to dismiss Count Three because it incorrectly argues that Ms. Jones must plead a prima facie case of racial discrimination in violation of Title VII and Ms. Jones has adequately pleaded a claim for racial discrimination under Title VII. The court WILL DENY AS MOOT the City's motion to dismiss Ms. Jones's § 1983 claim because Ms. Jones does not plead a § 1983 claim. Finally, the court WILL GRANT the City's motion to dismiss Ms. Jones's request for punitive damages and WILL DISMISS WITH PREJUDICE Ms. Jones's request for punitive damages.
Plaintiff's Experts:
Defendant's Experts:
Comments: