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07-1121 - Burkette v. Montgomery County Board of Education et al


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07-1121 - Burkette v. Montgomery County Board of Education et al
October 28, 2008
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RECOMMENDATION of the Magistrate Judge that: (1) defendants' 35 Motion for Summary Judgment be granted in part and denied in part; (2) all claims against defendant Washington in his official and individual capacity be dismissed with prejudice; (3) plaintiff's claims brought pursuant to 42 USC 1983 be dismissed with prejudice; (4) plaintiff's Title VII claims related to the Athletic Director position be dismissed as time-barred; (5) the motion for summary judgment be denied as to the assertion that the claims related to the Assistant Football Coach position are jurisdictionally barred; (6) plaintiff's Title VII race discrimination claim related to the Assistant Football coach position be dismissed with prejudice because plaintiff failed to establish a prima facie case; (7) the sole remaining claim pending before the Court is plaintiff's retaliation claim related to the Assistant Football Coach position. Objections to R&R due by 11/10/2008. Signed by Honorable Terry F. Moorer on 10/28/08. (sl, )
December 4, 2008
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ORDERED as follows: (1) Burkette's objections are overruled; (2) the 30 Recommendation is adopted; (3) defendants' 16 Motion for Summary Judgment is denied in part and granted in part; (4) all claims against defendant Lewis E. Washington, Jr., in his official and individual capacities are dismissed with prejudice; (5) Burkette's claims against defendant Montgomery County Board of Education under 42 USC 1983 are dismissed with prejudice; (6) Burkette's claims under 42 USC 2000e-5 against MCBOE related to the Athletic Director position are dismissed as time-barred; (7) Burkette's Title VII race discrimination claim against MCBOE related to the Assistant Football Coach position is dismissed with prejudice for failure to establish a prima facie case; (8) defendants' motion for summary judgment is denied with respect to Burkette's Title VII retaliation claim against MCBOE related to the Assistant Football Coach position, and Burkette's claim shall proceed to trial. Signed by Honorable William Keith Watkins on 12/4/08. (sl, ) (1) Civil Appeals Checklist) (sl, ).