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Meads v. Lexington-Fayette Urban County Government

United States District Court, Sixth Circuit

December 31, 2013

WILLIE MEADS, Plaintiff,
v.
LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et al., Defendants.

MEMORANDUM OPINION AND ORDER

DANNY C. REEVES, District Judge.

Plaintiff Willie Meads, a self-described middle-aged black man, was previously employed by the Lexington-Fayette Urban County Government ("LFUCG"). He filed this action after being terminated from his employment in July of 2012. After an Amended Complaint was filed, several of the newly-joined defendants moved the Court to dismiss the plaintiff's claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. [Record Nos. 18 and 20] The first motion to dismiss was filed by Defendants Education and Workforce Development Cabinet; Steve Wilborn, in his official capacity; Ray Crider, in his official capacity; Jon Ackerson, in his official capacity; and "unnamed individuals responsible for their training" (hereafter, "the Cabinet Defendants"). [Record No. 18][1] The second motion to dismiss was filed by eight current or former employees of LFUCG. [Record No. 20] The moving defendants include: Richard Maloney, Ashley Case, Nicole Rodriguez, Steve Feese, Kevin Bennett, Emma Turley, Kelvin Jackson, and Mike Conners (hereafter, "the LFUCG Defendants"). The motion to dismiss involves the claims asserted against these defendants in their individual and official capacities. Having considered the defendants' motions and the plaintiff's response, the Court will dismiss with prejudice all claims asserted against them.

I.

Meads filed this action in the Fayette Circuit Court on June 27, 2013. LFUCG was the only defendant named in the original Complaint which contains the following allegations:

1. This action arises under the law of the United States, particularly Title 7 of the civil rights act of 1964 and 42 U.S.C. 1983, as well as the law of the Commonwealth of Kentucky.
** ** **
5. The plaintiff has filed a claim with the Lexington County Human Rights Commission and the U.S.E.E.O.C. and has received a right to sue.
The Parties
6. The plaintiff Willie Meads, where at all times mentioned herein, is a middle age black man, citizen of the United States, resident of Fayette County Kentucky and a former employee of the defendant, Lexington-Fayette County Urban Government.
** ** **
Factual Allegations First Cause of Action
8. The plaintiff Meads makes the claim of: racial discrimination, hostile work environment, retaliation, wrongful termination and an illegal conspiracy.
9. In July of 2012 the black plaintiff Meads was terminated from his position with the Lexington-Fayette County Urban Government for reasons that have changed and number of times since Meads actual termination date.
10. Between July 3, 2012 and October 20, 2012, the defendant brought fourth 4 different reason at 4 different times for terminating the plaintiff Meads. Said defendant brought these reasons before the Lexington-Fayette County Human Rights commission, the U.S. E.E.O.C. and the Kentucky Cabinet Of Unemployment insurance. The Kentucky Cabinet of Unemployment event went as fast as to help the defendant with his ...

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