Fisher v. Dallas County

299 F.R.D. 527, 88 Fed. R. Serv. 3d 507, 2014 WL 1516178, 2014 U.S. Dist. LEXIS 54333, 124 Fair Empl. Prac. Cas. (BNA) 1276
CourtDistrict Court, N.D. Texas
DecidedApril 18, 2014
DocketCivil Action No. 3:12-CV-3604-D
StatusPublished
Cited by7 cases

This text of 299 F.R.D. 527 (Fisher v. Dallas County) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fisher v. Dallas County, 299 F.R.D. 527, 88 Fed. R. Serv. 3d 507, 2014 WL 1516178, 2014 U.S. Dist. LEXIS 54333, 124 Fair Empl. Prac. Cas. (BNA) 1276 (N.D. Tex. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

In this action alleging claims for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., 42 U.S.C. §§ 1981 and 1983, and the Texas Commission on Human Rights Act (“TCHRA”), Tex. Lab.Code Ann. §§ 21.001-21.556 (West 2006), and for intentional infliction of emotional distress (“IIED”) under Texas law, five of the defendants who are sued in their individual capacities (the “Individual Defendants”) move to require plaintiffs to file a Fed.R.Civ.P. 7(a) reply, and the remaining defendant sued in his individual capacity moves pursuant to Rule 12(c) for judgment on the pleadings. The Individual Defendants, with the agreement of the sixth individually-named defendant, also move the court to stay the deadline for filing motions for summary judgment. For the reasons that follow, the court grants the motion to require plaintiffs to file a Rule 7(a) reply, grants in part and denies in part the Rule 12(c) motion for judgment on the pleadings, and grants the motion to stay the deadline for filing motions for summary judgment.

I

Plaintiffs Darían Fisher (“Fisher”) and La-Parker Smith (“Smith”) sue Dallas County (the “County”), the Dallas County Commissioners Court (“Commissioners Court”),1 the Individual Defendants (Shannon Brown, Dale Lilley (“Lilley”), Terry Glynn Jones (“Jones”), Darrell Howerton, and Mattye Mauldin-Taylor, Ph.D.), and a sixth individual defendant, David Womble (“Womble”).2 Fisher and Smith allege that, during their employment with the County, they were subjected to race discrimination in the form of a hostile work environment, disparate application of County disciplinary policies and procedures, disparate terms and conditions of employment, and retaliation. They also allege that Womble and the Individual Defendants subjected them to intentional infliction of emotional distress. The Individual Defendants move to require plaintiffs to file a Rule 7(a) reply. Womble moves for judgment on the pleadings under Rule 12(c), asserting that he cannot be held liable under Title VII or the TCHRA, that plaintiffs have failed to state a claim of retaliation or discrimination against him under § 1981 or § 1983, and that plaintiffs’ IIED claim is preempted by the TCHRA. The Individual Defendants and Womble move the court to stay the deadline for filing motions for summary judgment. Plaintiffs oppose the motions.

II

The court turns first to the Individual Defendants’ motion to require plaintiffs to file a Rule 7(a) reply.

[531]*531A

On December 23, 2013 the Individual Defendants filed a motion to require plaintiffs to file a Rule 7(a) reply, arguing that the federal claims brought against them under 42 U.S.C. § 19813 are subject to the defense of qualified immunity, and that, under the authority granted in Schultea v. Wood, 47 F.3d 1427, 1433 (5th Cir.1995) (en bane), the court should require plaintiffs to state with specific detail the factual allegations against each of the Individual Defendants sufficient to establish plaintiffs’ claims under 42 U.S.C. § 1981.

Plaintiffs respond that the November 9, 2012 scheduling order in this case (“Scheduling Order”) required that any motion not otherwise covered by the Scheduling Order be filed no later than December 1, 2013, and that the Individual Defendants’ motion, filed December 23, 2013, was filed after the Scheduling Order deadline and should therefore be summarily dismissed.4

B

“[Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). Qualified immunity likewise applies to state officials sued for constitutional violations under § 1983. See id. at 818 n. 30, 102 S.Ct. 2727 (citing Butz v. Economou, 438 U.S. 478, 504, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978)); Palmer v. Johnson, 193 F.3d 346, 351 (5th Cir.1999). “The Supreme Court has eharacterized the doctrine as protecting ‘all but the plainly incompetent or those who knowingly violate the law.’ ” Cozzo v. Tangipahoa Parish Council — President Gov’t, 279 F.3d 273, 284 (5th Cir.2002) (quoting Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986)).

“To decide whether defendants are entitled to qualified immunity, the court must first answer the threshold question whether, taken in the light most favorable to plaintiffs as the parties asserting the injuries, the facts they have alleged show that defendants’ conduct violated a constitutional right.” Ellis v. Crawford, 2005 WL 525406, at *3 (N.D.Tex. Mar. 3, 2005) (Fitzwater, J.) (citing Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151,150 L.Ed.2d 272 (2001) (“A court required to rule upon the qualified immunity issue must consider, then, this threshold question: Taken in the light most favorable to the party asserting the injury, do the facts alleged show the officer’s conduct violated a constitutional right? This must be the initial inquiry.”)).5 “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201, 121 S.Ct. 2151. “[I]f a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.” Id. “Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v. Cnty. of Comal, 400 F.3d 284, 289 (5th Cir. [532]*5322005). “The objective reasonableness of allegedly illegal conduct is assessed in light of the legal rules clearly established at the time it was taken.” Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir.1992) (citing Anderson v. Creighton, 483 U.S. 635, 639, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987)). “ ‘The defendant’s acts are held to be objectively reasonable unless all

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299 F.R.D. 527, 88 Fed. R. Serv. 3d 507, 2014 WL 1516178, 2014 U.S. Dist. LEXIS 54333, 124 Fair Empl. Prac. Cas. (BNA) 1276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-dallas-county-txnd-2014.