SARAH S. VANCE, District Judge.
Defendants move to dismiss plaintiff Michael Webster's complaint under Federal Rule of Civil Procedure 12(b)(6).
Webster sues the Board of Supervisors of the University of Louisiana System; Eric Johnson, in his personal capacity and official capacity as Sims Library Director at Southeastern Louisiana University ("SLU"); Lynette Ralph, in her personal capacity and official capacity as Assistant Sims Library Director at SLU; and Victor Pregeant, in his personal capacity and official capacity as Compliance Officer for Equal Employment Opportunity/Americans with Disabilities Act at SLU.
Webster alleges the following facts. In 2007, SLU hired him as a Collection Development Librarian.
On or about July 6, 2009, Ralph and Johnson informed Webster that SLU would not renew his contract; that his employment would cease on January 6, 2010; and that, in the meantime, he was demoted from Collection Development Librarian to Special Projects Librarian.
In August 2009, Webster filed a complaint with the Equal Employment Opportunity Commission ("EEOC").
On September 28, 2011, the EEOC issued its determination finding reasonable cause to believe that SLU terminated Webster because of his disability.
To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must plead enough facts "to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)) (quotation marks removed). A claim is facially plausible when the plaintiff pleads facts that allow the court to "draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. at 678. A court must accept all well-pleaded facts as true and must draw all reasonable inferences in favor of the plaintiff. Lormand v. US Unwired, Inc., 565 F.3d 228, 239 (5th Cir. 2009); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. 1996). But the Court is not bound to accept as true legal conclusions couched as factual allegations. Iqbal, 556 U.S. at 678.
A legally sufficient complaint must establish more than a "sheer possibility" that the plaintiff's claim is true. Id. It need not contain detailed factual allegations, but it must go beyond labels, legal conclusions, or formulaic recitations of the elements of a cause of action. Id. In other words, the face of the complaint must contain enough factual matter to raise a reasonable expectation that discovery will reveal evidence of each element of the plaintiff's claim. Lormand, 565 F.3d at 257. If there are insufficient factual allegations to raise a right to relief above the speculative level, or if it is apparent from the face of the complaint that there is an insuperable bar to relief, the claim must be dismissed. Twombly, 550 U.S. at 555; Jones v. Bock, 549 U.S. 199, 215 (2007); Carbe v. Lappin, 492 F.3d 325, 328 n.9 (5th Cir. 2007).
Webster seeks declaratory, monetary and injunctive relief.
Defendants assert sovereign immunity under the Eleventh Amendment.
Although Webster has not sued the state of Louisiana in its own name, Eleventh Amendment immunity extends to the defendants in this case. "The Board of Supervisors for the University of Louisiana System, as the governing body for Southeastern Louisiana University, is an agency of the State of Louisiana and has Eleventh Amendment immunity from suit against it in federal court." Rushing v. Bd. of Supervisors of Univ. of La. Sys., No. 06-623-C, 2008 WL 4200292, at *3 (M.D. La. Sept. 11, 2008); see Laxey v. La. Bd. of Trustees, 22 F.3d 621, 623 (5th Cir. 1994) (Public university "under the supervision and management of the Board of Trustees of State Colleges and Universities . . . is an arm of the state and protected from suit in federal court by the Eleventh Amendment."). Further, state sovereign immunity extends to claims for money damages against state officers in their official capacities. McCarthy ex rel. Travis v. Hawkins, 381 F.3d 407, 412 (5th Cir. 2004). Accordingly, Webster's claims for money damages against SLU and Johnson, Ralph and Pregeant in their officials capacities must be dismissed.
Webster makes three arguments against application of state sovereign immunity in this case. First, he argues that Defendants waived sovereign immunity by engaging in affirmative litigation conduct.
Second, Webster argues that Eleventh Amendment immunity does not apply to his claims for retaliation.
Third, Webster argues that Congress validly abrogated state sovereign immunity for ADA employment claims with the ADA Amendments of 2008, rendering Garrett outdated and no longer good law.
Webster also brings claims against Johnson, Ralph and Pregeant in their personal capacities. The Court concludes that these claims must be dismissed, because the ADA does not permit individual liability against agents of an employer.
The ADA's employment discrimination provisions apply only to "covered entities." 42 U.S.C. § 12112(a). The ADA defines a "covered entity" as "an employer, employment agency, labor organization, or joint labor-management committee." 42 U.S.C. § 12111(2). As relevant here, it defines "employer" as "a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person." 42 U.S.C. § 12111(5)(A).
"[S]everal circuit courts have concluded that individuals may not be held liable under the ADA, despite the agent provision in the definition of `employer.'" Franklin v. City of Slidell, 928 F.Supp.2d 874, 881 (E.D. La. 2013) (collecting cases). Although the Fifth Circuit has not ruled on this question, it "has made clear that individuals who do not otherwise qualify as 'employers,' as a sole proprietor would, cannot be held individually liable under Title VII of the Civil Rights Act of 1964 ('Title VII')." Starkman v. Evans, 18 F.Supp.2d 630, 632 (E.D. La. 1998) (citing Grant v. Lone Star Co., 21 F.3d 649 (5th Cir. 1994)). Likewise, the Age Discrimination in Employment Act ("ADEA") "provides no basis of relief against supervisors in their individual capacity." Id. (citing Stults v. Conoco, Inc., 76 F.3d 651 (5th Cir. 1996)). Since the ADA's definition of "employer" is the same as the definitions of "employer" in Title VII and in the ADEA, the Court concludes that individuals who do not meet the statutory definition of "employer" cannot be held liable in their individual capacities under the employment provisions of the ADA. See id. (quoting Kacher v. Houston Community College Sys., 974 F.Supp. 615, 618 (S.D. Tex. 1997)); accord Franklin, 928 F. Supp. 2d at 881-82.
The Court concludes that the ADA does not permit personal liability against Johnson, Ralph and Pregeant. Accordingly, the claims against these defendants in their personal capacities must be dismissed.
Although Webster's claims for money damages must be dismissed, the Court finds that his claims for prospective declaratory and injunctive relief against Johnson, Ralph and Pregeant in their official capacities may proceed at this time. In his complaint, Webster explicitly seeks declaratory relief, reinstatement, and an injunction restraining Defendants' allegedly discriminatory practices.
For the foregoing reasons, Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. The Court declines to dismiss Webster's claims for prospective declaratory and injunctive relief brought against Johnson, Ralph and Pregeant in their official capacities. The Court DISMISSES all other claims with prejudice.