Opinion

Jackson-Forbes v. State of Ohio Industrial Commission

Court
District Court, S.D. Ohio
Filed
Jan 28, 2020
Cited by
0 cases
Authority
More cited than 28.2%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

JOHNLANDER JACKSON-FORBES,

Plaintiff, : Case No. 2:18-cv-1544

-vs- JUDGE EDMUND A. SARGUS, JR.

Magistrate Judge Elizabeth Preston Deavers

STATE OF OHIO INDUSTRIAL

COMMISSION, et al.,

Defendants.

OPINION AND ORDER

This matter is before the Court upon Defendants’ Ohio Industrial Commission, Thomas

Bainbridge, and Rachael Black’s Motion for Partial Judgment on the Pleadings (ECF No. 21),

Plaintiff Johnlander Jackson-Forbes’ Memorandum in Opposition (ECF No. 24), and

Defendants’ Reply (ECF No. 26). For the reasons that follow, the Court GRANTS Defendants’

Motion.

I. FACTUAL ALLEGATIONS

Plaintiff Johnlander Jackson-Forbes was hired by Defendant Ohio Industrial Commission

(“OIC”) as Cincinnati Regional Manager on August 18, 2008. (Compl., 1, ECF No. 1). In

November 2011, Plaintiff was selected to the position of Manager of Legal Services in the

Columbus office, which oversaw litigation management, commission level hearings, and the

legal research units. (/d. 15). As a result, Plaintiff became the supervisor of Defendant Rachael

Black, a supervisor of legal research, who had also been an applicant for the Manager of Legal

Services position. (/d. J 18). According to Plaintiff, Defendant Black was openly hostile toward

her and did not acknowledge her as a superior. (/d. § 20).

In February 2013, Defendant Black was appointed as Deputy Chief Legal Counsel. (/d. {

24). According to Plaintiff, Defendant Black interfered with Plaintiff's responsibilities and

usurped her duties. (/d. § 29). Plaintiff allegedly complained about Defendant Black’s behavior

toward her to OIC management but no action was taken. (/d. { 31). That following October,

Defendant OIC Chairman Thomas Bainbridge promoted Defendant Black to Chief Legal

Counsel. (/d. {] 34-35). Thereafter, Defendant Black allegedly reassigned supervision of the

legal research units from Plaintiff to herself. (/d. { 35). Plaintiff also alleges that Defendant

Black engaged in unwarranted criticism of Plaintiffs work and lodged false accusations against

her. (Id. 37, 41). Plaintiff contends that she was the only African-American employee under

Defendant Black’s supervision and was treated different by Defendant Black than her white

colleagues. (id. Ff 36, 38).

Due to an internal reorganization, in July 2014 Defendant Black became directly

responsible for managing OIC’s litigation unit, a responsibility that previously belonged to

Plaintiff. (Jd. | 42, Answer, 42, ECF No. 8). Thereafter, Plaintiff alleges she was assigned

demeaning and menial tasks, not designated to any other supervisors. (Compl., {{] 44-45).

Plaintiff allegedly met with Defendant Bainbridge to discuss her concerns about Defendant

Black’s treatment of her and Defendant Bainbridge stated that he would reassign Plaintiff to

another supervisor (/d. J 47). However, Plaintiff alleges that never occurred. (/d. { 53). Instead,

Defendant Black performed Plaintiffs annual performance review, which Plaintiff alleges

included “false statements and derogatory comments regarding Plaintiff's job performance .. .

based on goals and criteria that Defendant Black had not previously shared with Plaintiff.” Ud.

48-49).

In August 2014, Plaintiff filed an appeal with the State Personnel Board of Review

alleging reduction in duties. (Id. J 54). That same month, Plaintiff also filed discrimination

complaints with the Ohio Department of Administrative Services (“DAS”), the Ohio Civil Rights

Commission, and the United States Equal Employment Opportunity Commission. (/d. {| 55).

Findings of no probable cause were made by both DAS and the Ohio Civil Rights Commission

(id. 56). Plaintiff ultimately withdrew her appeal with the State Personnel Board. (Jd).

On May 15, 2015, Plaintiff became the subject of an internal investigation stemming

from allegations made by the Ohio Attorney General’s Office, which resulted in charges brought

against Plaintiff. (Jd. §{] 60-61). Consequently, OIC Human Resources Director Peter Renner

found discipline was warranted against Plaintiff for violations of OIC policy. (Ud. 61). On

October 2, 2015, Mr. Renner and OIC Executive Director Tim Adams presented a “Last Chance

Agreement” to Plaintiff, signed by Defendant Bainbridge. (Jd. ] 62). According to Plaintiff, the

“Last Chance Agreement” required Plaintiff to waive her administrative remedies for any future

discrimination claims against OIC. (/d. { 63). Plaintiff did not sign the agreement and was

subsequently terminated. (/d. | 66).

On November 28, 2018, Plaintiff filed a Complaint against OIC, Thomas Bainbridge, in

his official and individual capacity, and Rachael Black, in her official and individual capacity,

alleging race discrimination and retaliation in violation of Ohio Revised Code Chapter 4112 and

Title VII of the Civil Rights Act, 42 U.S.C. § 2000¢ et seg. (ECF No. 1). Defendants filed a joint

Answer on January 17, 2019. (ECF No. 8).

On May 24, 2019, Defendants filed a Motion for Partial Judgment on the Pleadings.

(ECF No. 21). Defendants request this Court enter judgment in their favor on Plaintiff's state law

claims. Defendants Black and Bainbridge also request judgment in their favor on Plaintiff's Title

VII claims. Plaintiff filed her Memorandum in Opposition on June 28. (ECF No. 24). Defendants

filed a Reply brief on July 12. (ECF No. 26). Defendants’ Motion is now ripe for review.

II. STANDARD OF REVIEW

A motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure

12(c) is analyzed in the same manner as a motion to dismiss under Rule 12(b)(6). Tucker v.

Middleburg-Legacy Place, LLC, 539 F.3d 545, 549 (6th Cir. 2008). All allegations in the

plaintiff's complaint are construed in the light most favorable to her, with all allegations

accepted as true and all reasonable inferences drawn in the plaintiff's favor. Bullington v.

Bedford Cty., 905 F.3d 467, 469 (6th Cir. 2018). “To overcome a defendant’s motion, ‘a

complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is

plausible on its face.’” Bullington, 905 F.3d at 469 (quoting Ashcroft v. Igbal, 556 U.S. 662, 678

(2009)). The motion should be granted when there is no material issue of fact and the moving

party is entitled to judgment as a matter of law. Tucker, 539 F.3d at 549.

Iii. ANALYSIS

A. State Law Claims — OIC

OIC argues that because it is an arm of the state, Plaintiff's state law claims are barred by

sovereign immunity. Plaintiff responds that because Plaintiff's federal claims are not barred by

Eleventh Amendment immunity, the Court’s supplemental jurisdiction applies to bring Plaintiff's

state law claims under the same constitutional umbrella, shielding them from immunity.

Two different legal constructs are at play here. Subject matter jurisdiction refers to “the

court’s authority to hear a given type of case[;] it represents the extent to which a court can rule

on the conduct of persons or the status of things.” Carlsbad Technology, Inc. v. HIF Bio, Inc.,

556 U.S. 635, 639 (2009) (internal quotations and citations omitted). Under 28 U.S.C. § 1367,

“federal courts may exercise supplemental jurisdiction over state-law claims linked to a claim

based on federal law.” Arbaugh v. Y&H Corp., 546 U.S. 500, 506 (2006). Immunity, on other

hand, is an exemption from liability. Black’s Law Dictionary 867 (10th ed. 2009). Thus, whether

this Court has supplemental jurisdiction over Plaintiff's state law claims—which no one contests

at this point. The issue here is whether Plaintiff's state law claims against OIC are barred by

sovereign immunity.

Absent an unequivocally express waiver, states are entitled to sovereign immunity in

federal courts under the Eleventh Amendment of the United States Constitution. Sossamon v.

Texas, 563 U.S. 277, 284 (2011) (“Federal jurisdiction over suits against unconsenting States

was not contemplated by the Constitution when establishing the judicial power of the United

States.” (internal quotations omitted)); Johnson v. Univ. of Cincinnati, 215 F.3d 561, 571 (6th

Cir. 2000). OIC is entitled to sovereign immunity as an arm of the State of Ohio. Longstreet v.

State of Ohio, Indus. Com’n., No. 1:05CV1749, 2005 WL 3298883, at * 2 (N.D. Ohio Dec. 5,

2005). And the State of Ohio has consented to suit only in the Ohio Court of Claims. Ohio Rev.

Code § 2743.

Accordingly, Defendants’ Motion is GRANTED as to Plaintiff's state law claims against

OIC.

B. State Law Claims — Black and Bainbridge

Defendants Black and Bainbridge argue that Plaintiff's state claims against them in their

official capacities are barred by sovereign immunity. They also contend that Plaintiff has failed

to establish that she can sue either under state law in their individual capacities.

As Defendants note in their brief,

The Supreme Court has squarely held that pendent state law claims against state

officials in their official capacity are barred by the Eleventh Amendment. . . . The

federal courts are simply not open to such state law challenges to official state

action, absent explicit state waiver of the federal court immunity found in the

Eleventh Amendment.

Experimental Holdings, Inc. v. Farris, 503 F.3d 514, 520-21 (6th Cir. 2007). Ohio Revised Code

§§ 9.86 and 27493.02(F) also confers immunity on state officers and employees in their

individual capacities “unless the officer’s or employee’s actions were manifestly outside the

scope of his employment or official responsibilities, or unless the officer or employee acted with

malicious purpose, in bad faith, or in a wanton reckless manner.” McCormick v. Miami Univ.,

693 F.3d 654, 664 (6th Cir. 2012). Moreover,

“[a] civil action against an officer or employee . . . that alleges that the officer’s or

employee’s conduct was manifestly outside the scope of the officer’s or employee’s

employment or official responsibilities, or that the officer or employee acted with

malicious purpose, in bad faith, or in a wanton or reckless manner shall first be filed

against the state in the court of claims, which has exclusive, original jurisdiction to

determine, initially, whether the officer or employee is entitled to personal

immunity under section 9.86 of the [Ohio] Revised Code.”

McCormick, 693 F.3d at 664-65 (quoting Ohio Rev. Code § 2743.02(F)).

“Ohio law requires that, as a condition precedent to asserting a cause of action

against a state employee in his individual capacity, the Court of Claims must first

determine that the employee is not entitled to the immunity provided for in Revised

Code section 9.86. Prior to that condition being satisfied, then, there is no claim

under Ohio law upon which relief may be granted against state employees in their

individual capacities.”

Id. at 665 (quoting Haynes v. Marshall, 887 F.2d 700 (6th Cir. 1989).

Plaintiff's state law claims against Defendants Black and Bainbridge in their official

capacities are barred by sovereign immunity. Because Plaintiff fails to allege that the Ohio Court

of Claims has determined that Defendants are not entitled to immunity, this Court lacks

jurisdiction to hear the state law claims against Defendants in their individual capacities. Jd.

Accordingly, Defendants’ Motion is GRANTED as to Plaintiff's state law claims against

Defendants Black and Bainbridge.

Title VII Claims — Black and Bainbridge

Defendants Black and Bainbridge argue that Plaintiff's Title VII claims against them fail

because they were not “employers” under the relevant definition.

As alleged in the Complaint, Defendants Black and Bainbridge were both supervisors of

Plaintiff at different levels of the OIC management chain. ““An individual employee/supervisor,

who does not otherwise qualify as an ‘employer’ may not be held personally liable under Title

VIIL.’” Roller v. Brennan, No. 2:17-cv-241, 2018 WL 4405834, at *8 (S.D. Ohio 2018) (quoting

Wathen v. Gen. Elec. Co., 115 F.3d 400, 405 (6th Cir. 1997) (“[W]e find that [Title VII] as a

whole, the legislative history and the case law support the conclusion that Congress did not

intend individuals to face liability under the definition of ‘employer’ it selected for Title VII.”).

Title VII defines “employer” as “a person engaged in an industry affecting commerce who has

fifteen or more employees . . . .” 42 U.S.C. § 2000e(b). Because they do not meet the definition

of “employer,” Defendants Black and Bainbridge cannot be held liable for Plaintiff's Title VII

claims. See Harper v. City of Cleveland, 781 Fed. Appx. 389, 393 (6th Cir. 2019) (“Title VII

does not impose liability on supervisory personnel.”).

Accordingly, Defendants’ Motion is GRANTED as to Plaintiffs federal claims against

Defendants Black and Bainbridge.

IV. CONCLUSION

For the foregoing reasons, the Court GRANTS Defendants’ Motion. (ECF No. 21). The

Clerk is DIRECTED to TERMINATE Defendants Thomas Bainbridge and Rachael Black

from this action. .

IT IS SO ORDERED.

/ i J\~QB ~ RODE

EDMU SARGUS, JR.

UNITE ATES DISTRICT JUDGE

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.

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