Opinion

Davis v. Gavin

Court
District Court, W.D. Louisiana
Filed
Oct 12, 2021
Cited by
0 cases
Authority
More cited than 22.6%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

______________________________________________________________________________

REBECCA DAVIS AND RONNIE CIVIL ACTION NO. 18-1568

DAVIS

VERSUS JUDGE DONALD E. WALTER

JAMES GAVIN, ET AL. MAGISTRATE JUDGE HORNSBY

______________________________________________________________________________

MEMORANDUM ORDER

Before the Court is a Motion to Reconsider filed by Plaintiffs Rebecca Davis (“Davis”)

and Ronnie Davis. See Record Document 107. Plaintiffs request that the Court reconsider its

Memorandum Ruling and Order dated August 12, 2021, pursuant to Federal Rules of Civil

Procedure 59(e) and 60(b)1. See id. Defendant, Parish of Caddo (“the Parish”), opposes the

motion. See Record Document 109.

A Rule 59(e) motion to alter or amend a judgment may not be used to rehash evidence,

legal theories, or arguments that could have been offered before entry of judgment. See In re

Rodriguez, 695 F.3d 360, 371 (5th Cir. 2012). Rule 59(e) motions are intended to question the

correctness of a judgment and may be properly invoked to “correct manifest errors of law or fact

or to present newly discovered evidence.” Templet v. HydroChem, Inc., 367 F.3d 473, 479 (5th

Cir. 2004).

The Court previously held that Davis was an employee of the Sewerage District, and that

the Parish could not be considered her employer under current Fifth Circuit precedent. See

1 Plaintiffs offered no separate argument regarding Rule 60(b), which provides that a Court may

relieve a party from a final judgment, order, or proceeding for the following reasons: (1) mistake,

inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud; (4) the

judgment is void; (5) the judgment has been satisfied or vacated; or (6) for any other reason

justifying relief.

Record Document 101 at 7-10. Plaintiffs’ motion to reconsider advances the argument that

James Gavin, in his position as a Sewerage Board Member, was acting as an agent of the Parish

such that the Parish may be held liable under Title VII for his alleged sexual harassment of

Davis.

The Court believes it properly addressed this argument in finding that Davis was not an

employee of the Parish. The Court reached this decision after finding that the Sewerage Board

and the Parish were distinct legal entities such that the Parish could not be considered Davis’s

employer. Title VII, 42 U.S.C. § 2000e et seq. “provides remedies to employees for injuries

related to discriminatory conduct and associated wrongs by employers.” Univ. of Tex. Sw. Med.

Ctr. v. Nassar, 570 U.S. 338, 342, 133 S.Ct. 2517, 2522 (2013). “To maintain a claim under

Title VII, the plaintiff must demonstrate an ‘employment relationship’ between the plaintiff and

the defendant.” See Body by Cook, Inc. v. State Farm Mut. Auto Ins., 869 F.3d 381, 391 (5th

Cir. 2017). Because the Court found that Davis is not an employee of the Parish she cannot

maintain a Title VII claim against the Parish.

Plaintiffs also argue that the Court failed to examine whether the Sewerage Board was an

agent of the Parish such that Title VII liability could attach. The Court disagrees with this

assessment. The Court stated that it was aware of the analysis provided by Owens v. Rush, 654

F.2d 1370 (10th Cir. 1981), but noted that, in its opinion, the Fifth Circuit has declined to adopt

the reasoning of Owens when examining liability between distinct government entities.

Based on the above, the Court finds that Plaintiffs have failed to demonstrate that

manifest errors of law or injustice have been established.2 Rather, it appears that Plaintiffs

2 Davis appears to offer a new argument regarding the Parish’s liability under 42 U.S.C. § 1983

in her reply to the Parish’s opposition to her Motion to Reconsider. See Record Document 110

at 10. Davis offered no argument in opposition to the Parish’s motion for summary judgment of

disagree with the Court’s analysis, which is a matter appropriate for appeal. Accordingly, the

Motion to Reconsider filed by the Plaintiffs (Record Document 107) is hereby DENIED.

THUS DONE AND SIGNED, this 12th day of October, 2021.

DONALD E. WALTER

UNITED STATES DISTRICT JUDGE

her 42 U.S.C. § 1983 claim. See Record Document 48. Instead, Davis focused her arguments

entirely on Title VII and whether the Sewerage Board was an agent of the Parish. See id. The

Court will not entertain an argument raised for the first time within a Rule 59(e) motion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.