Grier v. Headquarters, United States Army Forces Command
Grier v. Headquarters, United States Army Forces Command
Opinion of the Court
ORDER
Before the court in this action is the defendants’ motion to dismiss all claims other than the Title VII claim, to dismiss all of the named defendants and to substitute the Secretary of the Army, and to strike the jury demand and the claim for compensatory and punitive damages.
Although the complaint is not altogether clear, it appears to the court that plaintiff has attempted to allege two causes of action: one for racial discrimination
However, the court does not agree with defendants that plaintiff’s due process claim must be stricken because of the preemptive effect of Title VII. Section 717 of Title VII explicitly relates to “personnel actions ... based on race, color, religion, sex, or national origin”
With the due process claim remaining, the court finds no reason to dismiss the named defendants or to strike the jury demand and the claim for compensatory and punitive damages.
CONCLUSION
The court DENIES defendants’ motion to strike all claims except the Title VII claim, to dismiss the named defendants, and to strike the jury demand and claim for compensatory and punitive damages. The court orders plaintiff to file an amended complaint adding the Secretary of the Army as an additional defendant by November 30, 1983, or the court will dismiss the Title VII claim for failure to name the proper defendant.
. 42 U.S.C. § 2000e-16(a) provides in pertinent part as follows:
All personnel actions affecting [federal employees] ... shall be made free from any discrimination based on race, color, religion, sex, or national origin.
. Plaintiff alleges a general denial of her due process rights without stating the exact way in which her rights were violated.
Reference
- Full Case Name
- Miriam GRIER v. HEADQUARTERS, UNITED STATES ARMY FORCES COMMAND, FT. McPherson, Georgia Adjutant General, Administrative Services, U.S. Army Forces Command Officer in Charge, Mail & Distribution Classified Section, U.S. Army Forces Command and Chief, Civilian Personnel, U.S. Army Forces
- Status
- Published