United States District Court, W.D. Louisiana, Shreveport Division
HORNSBY MAGISTRATE JUDGE
ELIZABETH ERNY FOOTE UNITED STATES DISTRICT JUDGE
the Court are three motions to dismiss filed by Defendants.
The first was filed by the City of Shreveport (“the
City”), the second filed by Caddo Parish (“the
Parish”), and the third by Defendants Shreve Memorial
Library (“the Library”), John Tuggle, Jennie
Paxton, Chris Kirkley, Bandana Mukherjee, and Deonci Sutton.
Record Documents 15, 17, and 26. Plaintiffs Catherine Dyas,
Pamela Charles, and Tiffany Snyder allege that they were
subjected to sexual harassment and racial discrimination
creating a hostile work environment, and retaliated against
for their attempts to report harassing and discriminatory
conduct, in violation of 42 U.S.C. §§ 1981, 1983,
1985, and 1986, the Fourteenth Amendment, Title VII of the
Civil Rights Act of 1964, Louisiana Civil Code article 2315,
and Louisiana Revised Statutes §§ 23:331 and
42:1169. Record Document 21.
reasons discussed below, the City of Shreveport's motion
to dismiss [Record Document 15] is GRANTED
and Caddo Parish's motion to dismiss [Record Document 17]
is GRANTED, and all of Plaintiffs'
claims against the City and the Parish are DISMISSED
with prejudice. The motion to dismiss filed by the
Library, John Tuggle, Jennie Paxton, Chris Kirkley, Bandana
Mukherjee, and Deonci Sutton [Record Document 26] is
GRANTED. Plaintiffs' claims under Title
VII, La. R.S. § 23:332, 42 U.S.C. § 1981 and La.
R.S. § 42:1169 against the individual defendants are
DISMISSED with prejudice and Plaintiff's
claims under 42 U.S.C. § 1981 and La. R.S. §
42:1169 against the Library are DISMISSED with
all black women, are employees of the Library. Record
Document 21. They all worked at the Hamilton/South Caddo
Branch of the Library. Id., p. 2. The Library is a
government agency jointly funded by the City and the Parish.
Record Documents 21, pp. 3-4; 31, p. 2; La. R.S. §
25:215(A). Both the Mayor of Shreveport and the Chairman of
the Caddo Parish Commission appoint members of the Board of
Control, which governs the Library, and both the City and the
Parish provide funding for the Library. Id.
allege that over the course of several years, they were
sexually harassed at work by the Hamilton/South Caddo Branch
Manager, Chris Kirkley, who is white. Record Document 21, pp.
10-16. They also allege that they were discriminated against
because of their race, and that both the racial
discrimination and the sexual harassment created a hostile
work environment. Record Document 21, p. 16. Further, they
complain that when they attempted to report the harassment
and discrimination to various individuals at the Library,
they were retaliated against by being transferred to less
desirable jobs within the Library system. Record Document 21,
pp. 21-29. Based on these events, they brought claims against
the Library, several individual Library employees, the City,
and the Parish under Title VII, 42 U.S.C. §§ 1981,
1983, 1985, 1986, the Louisiana employment discrimination law
(Louisiana Revised Statute § 23:332), the Louisiana Code
of Government Ethics whistleblower statute (La. R.S. §
42:1169), and Louisiana Civil Code article 2315.
amended complaint alleges sexual harassment creating a
hostile work environment, racial discrimination creating a
hostile work environment, and retaliation for reporting these
claims in violation of Title VII and the Louisiana Employment
Discrimination Law. Plaintiffs also allege claims under 42
U.S.C. §§ 1981, 1983, 1985, and 1986. They do not
specify which claims are alleged against which Defendants.
The City and the Parish both moved to dismiss all of the
claims against them under Federal Rule of Civil Procedure
12(b)(6) for failure to state a claim. Record Documents 15
and 17. The individual Library employee Defendants moved to
dismiss the Title VII, 42 U.S.C. § 1981, and La. R.S.
§§ 23:332 and 42:1169 claims against them for
failure to state a claim. Record Document 26. The Library
also moved to dismiss the 42 U.S.C. § 1981 and La. R.S.
§ 42:1169 claims against it for failure to state a
claim. Record Document 26.
The Amended Complaint
filed their complaint in late 2016, and the City and the
Parish moved to dismiss in early 2017. Record Documents 15,
17. Plaintiffs subsequently filed an amended complaint.
Record Document 21. The only difference between the original
complaint and the amended complaint is the addition of the
names of members of the Library Board of Control, who had
previously not been identified by name. Record Documents 1
amended complaint supersedes the original complaint.
See 6 Charles Alan Wright & Arthur R. Miller,
Federal Practice and Procedure § 1476 (3d ed.)
(“Once an amended pleading is interposed, the original
pleading no longer performs any function in the
case.”). Because the claims contained in the amended
complaint are identical to those asserted in the original
complaint, the Court nevertheless interprets the City's
and the Parish's motions to dismiss as directed at the
Standard of Review
order to survive a motion to dismiss brought under Rule
12(b)(6), a plaintiff must “state a claim to relief
that is plausible on its face.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009). “A claim has
facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged.”
Id. at 663. “Threadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements, do not suffice.” Id. at 678. The
court must accept as true all of the factual allegations in
the complaint in determining whether plaintiff has stated a
plausible claim. See Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 555 (2007); In re Katrina Canal Breaches
Litigation, 495 F.3d 191, 205 (5th Cir. 2009). However,
a court is “not bound to accept as true a legal
conclusion couched as a factual allegation.”
Papasan v. Allain, 478 U.S. 265, 286 (1986).
Claims Against The City and The Parish
City and the Parish both moved to dismiss all of the claims
against them under Rule 12(b)(6) for failure to state a
claim. Record ...