Francis v. Davis H. Elliot Company, Inc. et al, No. 3:2012cv00087 - Document 37 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. 15 ). For the reasons set forth above, Defendants' Motion for Summary Judgment (Doc. 15 ) is OVERRULED IN PART and SUSTAINED IN PAR T. Having found no genuine issue of material fact with respect to Francis's claims of race discrimination and retaliation, the Court SUSTAINS Defendants' motion on those claims and DISMISSES them WITH PREJUDICE. As to Francis's hostile work environment claim against DHE Construction and DHE, the Court: ( 1) SUSTAINS Defendants' motion with respect to the claims of harassment by supervisor Clyde Legg; and (2) OVERRULES Defendants' motion with respect to the claims of cowo rker harassment. As to Francis's hostile work environment claim against the individual defendants, the Court: (1) OVERRULES Defendants' motion with respect to Clyde Legg and Mark Baker; and (2) SUSTAINS Defendants' motion with respect to Brian Sarrett. Signed by Judge Walter H Rice on 3/11/2013. (kf)