Myneca Y. Ojo; Karen Ann Crosby; Sandra Harrison; and Carolyn Dow v. Brew Vino LLC; Steve Chronister; Marc Bower; Jordan Lyle Chronister; Brian Polachek; and John Doe

Summary

The United States District Court for the Middle District of Pennsylvania reviewed objections to a magistrate judge’s report and recommendation concerning summary judgment in a civil rights action arising from alleged racial and gender discrimination at a golf course. The court held that individual defendants may be liable under 42 U.S.C. §§ 1981 and 2000a when personally involved in discriminatory conduct, and found genuine disputes of material fact regarding that involvement. The court overruled the objections, adopted the report and recommendation, denied the motion for summary judgment, dismissed the unidentified John Doe defendant, and directed that the matter proceed toward trial.

Holdings

1. An individual director, officer, agent, or employee may be liable under Section 1981 when the individual was personally involved in the discrimination, intentionally caused the company to infringe the plaintiff's Section 1981 rights, or authorized, directed, or participated in the discriminatory conduct. Liability may attach whether or not the individual acted within the scope of employment and whether or not the corporation is also liable.
2. Section 2000a permits suits for injunctive relief against individual employees or agents of a place of public accommodation; the statute does not shield individual employees from liability merely because the available relief is injunctive.
3. Summary judgment was inappropriate because genuine disputes of material fact existed concerning the defendants' discriminatory intent and personal involvement in the alleged conduct.
4. The John Doe defendant was dismissed under Federal Rule of Civil Procedure 21 because discovery had closed and plaintiffs had not identified the defendant, so claims against that unidentified party could not proceed to trial.

Questions Presented

1. Whether individual employees, officers, or agents may be held liable under 42 U.S.C. § 1981 for personally participating in, intentionally causing, authorizing, directing, or participating in racial discrimination affecting contractual rights.
2. Whether 42 U.S.C. § 2000a permits an action for injunctive relief against individual employees or agents of a place of public accommodation.
3. Whether genuine disputes of material fact concerning the individual defendants' personal involvement precluded summary judgment on the Sections 1981 and 2000a claims.
4. Whether the unidentified John Doe defendant should be dismissed after discovery closed without plaintiffs identifying the defendant.

Disposition

other