Benjamin v. Chemtall Inc.
4:13-cv-00088
| S.D. Ga. | Jul 23, 2013Background
- Plaintiff Barto P. Benjamin was employed as a warehouse manager by Chemtall, Inc. (a subsidiary of SNF Holding) from May 15, 2006, to September 14, 2009.
- Benjamin alleges he was terminated for discriminatory reasons (race and age) and seeks relief under Title VII and several other statutes, including 42 U.S.C. §§ 1983, 1985, 1986, and the Fair Labor Standards Act (FLSA).
- Defendant moved for judgment on the pleadings under Fed. R. Civ. P. 12(c) as to the § 1983, § 1985, § 1986, and FLSA claims.
- Benjamin’s complaint contains no factual allegations that Chemtall was a state actor or that it entered into a conspiracy with state actors to deprive him of constitutional rights.
- Benjamin alleges unpaid overtime while salaried and characterizes the violations as willful, but he filed suit on April 11, 2013 — outside the FLSA three-year limitations period for willful violations based on his last day of employment in 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| § 1983 — state-action requirement | Benjamin alleges deprivation of rights by employer; asserts constitutional violation | Chemtall is a private employer, not a state actor; no conspiracy with state actors alleged | Dismissed: complaint lacks facts showing state action or joint action with state actors |
| § 1985 — conspiracy to deny equal protection or obstruct justice | Benjamin alleges discriminatory termination amounting to a conspiracy or concerted action | No allegations that two or more persons conspired to deprive rights; single private employer cannot satisfy § 1985 | Dismissed: no factual support for a § 1985 conspiracy claim |
| § 1986 — liability for knowing failure to prevent § 1985 violations | Benjamin relies on asserted § 1985 conspiracy to support § 1986 claim | § 1986 is derivative of § 1985; without an underlying § 1985 violation § 1986 fails | Dismissed: § 1986 claim fails because § 1985 claim fails |
| FLSA — overtime / statute of limitations | Benjamin claims willful failure to pay overtime and seeks unpaid overtime for years worked | Even if willful, FLSA claims are subject to a three-year limitations period; suit filed in 2013 is time-barred given employment ended in 2009 | Dismissed: FLSA claim barred by statute of limitations |
Key Cases Cited
- Cunningham v. District Attorney's Office for Escambia County, 592 F.3d 1237 (11th Cir. 2010) (standard for judgment on the pleadings)
- Fin. Sec. Assur., Inc. v. Stephens, Inc., 500 F.3d 1276 (11th Cir. 2007) (pleading requirements for asserting a viable legal theory)
- Harvey v. Harvey, 949 F.2d 1127 (11th Cir. 1992) (private party acts under color of state law only when willful participant in joint action with state actor)
- Great Am. Fed. Sav. & Loan Ass'n v. Novotny, 442 U.S. 366 (1979) (§ 1985 does not by itself create substantive rights)
- Trawinski v. United Tech., 313 F.3d 1295 (11th Cir. 2002) (§ 1985(3) requires invidious discriminatory intent)
- Park v. City of Atlanta, 120 F.3d 1157 (11th Cir. 1997) (§ 1986 is derivative of § 1985)
- Baker v. McDonald's Corp., 686 F. Supp. 1474 (S.D. Fla. 1987) (single employer and its agents cannot constitute a § 1985(3) conspiracy)
- Givan v. Greyhound Lines, 616 F. Supp. 1223 (S.D. Ohio 1985) (same point regarding § 1985 conspiracy)