-DEP McCain v. Dimon & Bacorn et al, No. 3:2010cv00766 - Document 20 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER granting Defts' Michael Shafer and Lenard Haines 10 Motion to Dismiss as to all Title VII claims. Signed by Senior Judge Thomas J. McAvoy on 1/14/11. (sfp, )
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-DEP McCain v. Dimon & Bacorn et al Doc. 20 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ JARROD McCAIN Plaintiff, v. 3:10-CV-766 DIMON & BACORN, a New York Corporation, MICHAEL SHAFER, LENARD HAINES [sic] ,1 Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION Plaintiff commenced this action alleging employment discrimination claims pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII") and the New York State Human Rights Law ("Human Rights Law"). Defendants move to dismiss the Title VII claims brought against the individual defendants Michael Shafer and Lenard Haines. Plaintiff, through counsel, has responded and correctly acknowledged that, in the Second Circuit, individuals are not subject to liability under Title VII. Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir. 2000) (per curiam); see Tomka v. Seiler Corp., 66 F.3d 1295, 1313 (2d Cir. 1 Defendants assert that this individual s nam e is Leonard Haines, Sr., 1 Dockets.Justia.com 1995)( We now hold that individual defendants with supervisory control over a plaintiff may not be held personally liable under Title VII. ), abrogated on other grounds by Burlington Indus. v. Ellerth, 524 U.S. 742, 118 S. Ct. 2257, 141 L. Ed.2d 633 (1998). II. CONCLUSION Therefore, Defendants motion, dkt. #10, is GRANTED, and all Title VII claims against Defendants Michael Shafer and Lenard Haines are DISMISSED. IT IS SO ORDERED DATED:January 14, 2011 2
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