Canon v. Board of Trustees of State Institutions of Higher Learning

133 F. Supp. 3d 865, 2015 U.S. Dist. LEXIS 126697, 2015 WL 5577222
District Court, S.D. Mississippi·Decided September 22, 2015·No. Civil Action No. 3:15CV9TSL-RHW·Published·Cited by 4 cases

Opinion

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

Plaintiff Michael Mohammed Canon, a former employee of Jackson State University, filed the present action under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq.,1 complaining of national origin discrimination, race discrimination and retaliation. Originally, Canon named as defendant “The Board of Trustees of State Institutions of Higher Learning of the State of Mississippi d/b/a Jackson State University.” The Board of Trustees of State Institutions of Higher Learning of the State of Mississippi (IHL) promptly moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), contending that Jackson State University (JSU) and IHL are not “one and the same”, as plaintiffs allegations seemed to suggest, but were separate legal entities, and that IHL was due to be dismissed as plaintiff had failed to plead any facts involving IHL or suggesting any wrongful conduct by IHL. Rather than respond to the motion to dis[868] miss, plaintiff moved to file an amended complaint. That motion was granted as unopposed. Plaintiffs amended complaint retained IHL as a defendant but added JSU as a defendant. Plaintiff also named as a defendant Tor A. Kwembe, his supervisor at JSU, against whom he asserted a state law claim for tortious interference with contract.2

In his original and amended complaints, Canon, who is of Iranian national origin, alleges he was employed as a mathematics instructor at JSU for over twenty-six years. Kwembe, who is Nigerian, was hired in 2003 as Chair of the Mathematics Department. According to the complaint, before Kwembe was hired, there had been no issues with Canon’s performance; however, Kwembe “had an enormous prejudice against Iranians” and “treated plaintiff differently from other faculty members,” giving him poor evaluations and claiming, without any basis in fact, that plaintiff was a poor performer. Canon alleges that because of Kwembe’s influence, he was paid less than persons of non-Iranian origin. Canon further asserts that after (and as a result of) his and other faculty members’ complaints about Kwembe’s lack of qualifications and poor job performance, Kwem-be entertained hostility against Canon and harassed him over petty matters. Canon alleges he complained to Dean Richard Alo, and to JSU Provost James Rennick and JSU President Carolyn Meyers, about the “unfair and biased treatment” to which he was subjected by Kwembe, and on April 9, 2014, plaintiff filed his first charge of discrimination with the Equal Employment Opportunity Commission (EEOC), complaining of wage discrimination, age discrimination and retaliation. Canon filed a second charge on September 17, 2014, asserting that he had received notice from Kwembe that his contract would not be renewed for the 2014-15 school year. Canon claimed his non-renewal was in retaliation for his earlier EEOC charge.

According to the complaint, Canon appealed his non-renewal and was reinstated for the 2014-15 school year. However, in February 2015, he was notified by Kwem-be that his contract would not be renewed for the 2015-16 school year. In the meantime, in mid-October 2014, Canon had received a notice of right to sue on each of his EEOC charges and had commenced the present action on January 6, 2015. After receiving the notice of non-renewal in February 2015, Canon filed a third EEOC charge, complaining that he was terminated on account of his national origin and in retaliation for his two prior EEOC charges.

In its present motion to dismiss, IHL argues that Canon’s complaint against it should be dismissed for failure to state a claim because it contains no allegations regarding IHL, i.e., it does not allege that IHL acted, had a duty to act, or had a duty to supervise the actions of Kwembe, and further because Canon has failed to exhaust his administrative remedies as to IHL. Canon asserts in response to the motion that IHL is a proper defendant because IHL was his employer. In fact, however, Canon has not alleged in his complaint that he was employed by IHL; rather, he alleges he was employed by JSU. Moreover, in the court’s opinion, for reasons explained infra, as a matter of law, there is no basis for concluding that IHL was his employer; but even if IHL could possibly qualify as his employer for some purposes, IHL cannot be considered Canon’s employer for purposes of the [869] claims asserted in the case at bar and hence is not a proper defendant as Canon has not alleged that IHL had any involvement whatsoever in the challenged employment actions. In addition, IHL is not a proper defendant as Canon has failed to exhaust as to any claim against IHL.

Free access — add to your briefcase to read the full text and ask questions with AI

Canon v. Board of Trustees of State Institutions of Higher Learning, 133 F. Supp. 3d 865, 2015 U.S. Dist. LEXIS 126697, 2015 WL 5577222 (S.D. Miss. 2015).

133 F. Supp. 3d 865 (Canon v. Board of Trustees of State Institutions of Higher Learning) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Davis v. El Paso County
W.D. Texas, 2023
Williams v. E.I. du Pont de Nemours & Co.
154 F. Supp. 3d 407 (M.D. Louisiana, 2015)