Opinion
No. 99-2287-KHV.
July 31, 2000.
MEMORANDUM AND ORDER
Plaintiff Donna R. Kayhill brings suit against the Unified Government of Wyandotte County/Kansas City, Kansas ("the Unified Government"), Terrence Hall, Dennis Vallejo, Joseph Connor, Teniece Owens, Shirley Nastav and William Jones, alleging claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. This matter comes before the Court on the Motion to Dismiss (Doc. #28) which defendants Hall, Vellejo, Connor, Owens, Nastav and Jones filed June 9, 2000. Plaintiff has not responded to the motion.
Under Fed.R.Civ.P. 6 and D. Kan. Rule 7.1(b), plaintiff had 23 days, or until July 3, 2000, to file a response. Under D. Kan. Rule 7.4, the failure to file a response within the time specified shall constitute a waiver of the right thereafter to file such response, except upon a showing of excusable neglect, and if a respondent fails to file a response within the time required, the motion will be considered and decided as an uncontested motion, and ordinarily will be granted without further notice.
Defendants assert that in their individual capacities they are not liable under Title VII or the ADA, and that any claims which plaintiff asserts against them in their official capacities constitute claims against the Unified Government. The Court agrees. The Tenth Circuit has ruled that Title VII does not impose personal liability on individual supervisors. See Haynes v. Williams, 88 F.3d 898, 899-901 (10th Cir. 1996) (citing Sauers v. Salt Lake Co., 1 F.3d 1122 (10th Cir. 1993)). Although the Tenth Circuit has not addressed the issue, this Court has found that the same holding applies to individual capacity suits under the ADA. See Land v. Midwest Office Technology, Inc., 979 F. Supp. 1344, 1348 (D. Kan. 1997). Accordingly, plaintiff's claims against the individual defendants in their personal capacities should be dismissed. In addition, to the extent plaintiff asserts claims against the individual defendants in their official capacities, such claims constitute claims against the Unified Government. See Johnson v. Board of Co. Commr's for Co. of Fremont, 85 F.3d 489, 493 (10th Cir. 1996) (citing Kentucky v. Graham, 473 U.S. 159, 165 (1985)). Because the Unified Government is already a defendant in the case, it is not necessary for plaintiff to name the individual defendants. Thus the Court will also dismiss plaintiff's claims against the individual defendants in their official capacities.
IT IS THEREFORE ORDERED that the Motion to Dismiss (Doc. #28) which individual defendants Terrence Hall, Dennis Vallejo, Joseph Connor, Teniece Owens, Shirley Nastav and William Jones filed June 9, 2000 be and hereby is SUSTAINED. Plaintiff's claims against said defendants are dismissed with prejudice.