Turner v. Department of Veterans Affairs ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA AKISHE TURNER CIVIL ACTION VERSUS NO. 22-1370 UNITED STATES OF AMERICA, ET AL. DIVISION “5” ORDER AND REASONS Before the Court is the Federal Defendants’ Motion to Dismiss. (Rec. doc. 15). Plaintiff opposes the motion. (Rec. doc. 25). Now, three months after Defendants filed their motion to dismiss, Plaintiff has timely filed a Motion to Amend Complaint. (Rec. doc. 29). Defendants do not oppose Plaintiff’s motion. In her motion to amend, Plaintiff seeks to add Denis McDonough, Secretary of the Department of Veterans Affairs, as the only Defendant and dismiss the earlier four entities and individuals that she named in her original complaint. (Rec. doc. 29 at pp. 1-2). In her amended complaint, Plaintiff alleges that she was subjected to race, gender, and disability-based employment discrimination and hostile work enveitr osneqm.ent in violation of Title VII of the Civil Rights Act, as amended, 42 U.S.Ce.t §s§e q2.000e , as well as the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 791 McDonough, as the head of the Department of Veterans Affairs, is the proper Defendant to sue under these two statutes. 42 U.S.C. § 2000e-16(c) (stating that under Title VII, the prsoepee arl sfoe dQeuraevl eddeof evn. dAarnmt yi s& “ tAhier hFoeracde oEfx tchhea ndgeep aSretrmv.ent, agency, or unit, as appropriate.”); , 234 F.3d 29, 2000 WL 1568186H, oante *y1c u(t5tt vh. LCoirn. g2000) (affirming Title VII dismissal for failure to name a proper defendant); , 861 F.2d 1346, 1349 (5th Cir. 1988) (“Under Title VII and the Rehabilitation Act the proper defendant is the head of the department, agency, or unit, as appropriate.”) (quotations and citations omitted)). AITc coISr dOinRgDlyE, RED GRANTED that Plaintiff’s Motion to Amend Complaint (reDcI.S MdoIcS.S E2D9) AiSs MOOT , the Federal Defendants’A MMoEtNioDnE tDo Dismiss (rec. doc. 15) is AKISH,A a TndU RthNeE cRap tion of the case is to reflect: VERSUS DENIS MCDONOUGH, SECRETARY OF THE DEPARTMENT OF VETERANS AFFAIRS 27th March New Orleans, Louisiana, this __________ day of __________________________, 2023. MICHAEL B. NORTH UNITED STATES MAGISTRATE JUDGE