Johnson v. Fulton County, Georgia et al, No. 1:2017cv03921 - Document 27 (N.D. Ga. 2018)
Court Description: OPINION and ORDER ADOPTING the Magistrate Judge's 23 Non-Final Report and Recommendation. The Defendants' 14 Motion to Dismiss for Failure to State a Claim is hereby GRANTED IN PART AND DENIED IN PART and Defendant Kathleen Toomey is TERMINATED as a party in this action. Signed by Judge Amy Totenberg on 5/23/2018. (sap)
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Johnson v. Fulton County, Georgia et al Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION KENNETH J OH NSON, : : Plaintiff, : : v. : : FULTON COUNTY, GEORGIA, RUBY : HARDY, and KATH LEEN TOOMEY, : : Defendants. : CIVIL ACTION NO. 1:17-CV-3921-AT-WEJ ORD ER This m atter is before the Court on the Magistrate J udge’s Report and Recom m endation [Doc. 23] that Defen dants’ Motion to Dism iss [Doc. 14] be gran ted in part and denied in part. The Magistrate J udge recom m en ds as follows: (1) that Plaintiff’s claim of retaliation under Title VII in Count One be dism issed for failure to state a claim 1; (2) that Plaintiff’s Title VII discrim in atory discharge claim based on allegations of sex discrim ination in Count Two be dism issed 2 ; (3) that Plaintiff’s Title VII discrim inatory term s and conditions of em ploym ent claim alleged in Coun t Two be allowed to proceed; (4) that Defen dan ts’ m otion to dism iss Plaintiff’s hostile 1 The Magistrate J udge noted that if evidence of a causal connection between Plaintiff’s alleged protected activity and the adverse action cam e to light during discovery, Plaintiff would be granted leave to am end the Complaint to reassert a retaliation claim . 2 The Magistrate J udge noted that if discovery reveals evidence of a discrim inatory anim us based on Plaintiff’s failure to conform to gender stereotypes, Plaintiff would be granted leave to am end the Complaint to reassert the gender discrim ination claim . Dockets.Justia.com work environ m en t claim in Count Three be denied; (5) that Plaintiff’s Equal Protection Claim against Defendants H ardy and Toom ey in Count Four be dism issed; (6) that Plaintiff’s Section 198 3 claim s against Defendan t Toom ey be dism issed on the basis of qualified im m unity; (7) that Plaintiff’s First Am endm ent claim in Count Five should be dism issed as to Defendant Toom ey, but shall be allowed to proceed as to Defendant Hardy. No objections have been filed in response to the Magistrate J udge’s Report and Recom m endation. Therefore, in accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the Court has reviewed the Magistrate J udge’s Recom m endation for clear error and finds n one. Accordingly, the Court AD OPTS the Magistrate J udge’s Report and Recom m endation as the opinion of the Court. For the reasons stated in Magistrate J udge’s Report and Recom m endation, Defendants’ Motion to Dism iss [Doc. 14] is GRAN TED IN PART and D EN IED IN PART as set forth in the R&R. IT IS SO ORD ERED this 23 rd day of May, 20 18. _____________________________ Am y To te n be rg U n ite d State s D is trict J u d ge 2
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