J. LEON HOLMES, District Judge.
Denicia V. Roberts commenced this action against the Arkansas Military Department; retired General William Johnson, in his official capacity as the Director of the Arkansas Military Department; and Ray Moix, individually and in his official capacity as the former Director of the Arkansas Military Department, alleging race discrimination, sex discrimination, and retaliation under Title VII of the Civil Rights Act of 1964,
The defendants have moved to dismiss her amended complaint, contending that: (1) the Arkansas Military Department and the official capacity defendants are entitled to sovereign immunity; (2) Roberts cannot recover punitive damages against the Arkansas Military Department or the official capacity defendants; (3) Moix, individually, is entitled to qualified immunity because no facts alleged would constitute a constitutional violation; (4) the section 1983 individual capacity claims fail; (5) the Arkansas Civil Rights Act does not permit claims against individuals; (6) the complaint fails to meet Federal Rule of Civil Procedure 8(a)(2);
As set out below, the defendant's motion is granted in part and denied in part (Document #25):
1. All claims, except those under Title VII,
2. Roberts's section 1983 claims for monetary damages against Johnson and Moix, in their official capacities, are dismissed, since state officials may be sued only for injunctive relief.
3. Since supervisors are not individually liable as employers under Title VII or the Arkansas Civil Rights Act, those claims against Ray Moix in his individual capacity are dismissed.
4. The defendants argue that Moix, individually, is entitled to qualified immunity on the remaining claims since the complaint has not stated any facts alleging that defendant Moix committed a constitutional violation. Qualified immunity shields a state official from liability from damages unless the official's conduct violated a clearly established constitutional right of which a reasonable person would have known.
5. Within 30 days of the date of this Order, Roberts must file an amended complaint consistent with the findings above. Roberts must include all factual allegations that she believes support her claims of adverse employment action, hostile work environment, and retaliation. Failure to file the amended complaint may result in a dismissal with prejudice.