616 F. Supp. 122 | S.D. Tex. | 1985
ORDER
Pending before the Court is the Motion to Dismiss of Defendants Kenneth Gaby, James T. McBride, and John V. Sheehan. Having considered the arguments of the parties and the applicable law, the Court is of the opinion that the Motion should be DENIED.
Defendants advance two arguments in support of their Motion. The Court will discuss each argument individually.
Initially, Defendants contend that Plaintiff has pled an employment discrimination claim and draw two conclusions that they argue warrant dismissal. First, Defendants argue that Brown v. General Services Administration, 425 U.S. 820, 835, 96 S.Ct. 1961, 1969, 48 L.Ed.2d 402 (1976) precludes Plaintiff from maintaining an employment discrimination action under any law other than Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Second, Defendants aver that, in order to maintain such a Title VII action, Plaintiff
Defendants also argue that they are absolutely from liability under Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959). Barr “protects an official from trial for actions which, even though tortious, nevertheless can be said to be within the outer bounds of the official’s authority.” Williams v. Collins, 728 F.2d 721, 727 (5th Cir.1984) (citation omitted); accord, Claus v. Gyorkey, 674 F.2d 427, 431 (5th Cir.1982). In order to avail himself of immunity under Barr, an official need only show that
“ ‘the action of the federal official bear some reasonable relation to and connection with his duties and responsibilities ...,’” Claus v. Gyorkey, 674 F.2d at 431, quoting Scherer v. Brennan, 379 F.2d 609, 611 (7th Cir.1967), cert. denied, 389 U.S. 1021, 88 S.Ct. 592, 19 L.Ed.2d 666 (1967), and that the action of the official is connected with a “discretionary function.” Norton v. McShane, 332 F.2d 855 (5th Cir.1964), cert. denied, 380 U.S. 981, 85 S.Ct. 1345, 14 L.Ed.2d 274 (1965). As is evident from the earlier description of their jobs, all of the defendants were federal officials exercising discretionary functions, from Williams’ immediate supervisor to officials higher in the chain of command.
Williams, 728 F.2d at 727. Defendants at the outset have made no showing that the actions of which Plaintiff complains arguably lay within the pale of Defendants’ duties,
Accordingly, it is ORDERED, ADJUDGED, and DECREED that the Motion be and hereby is DENIED.
The Clerk shall file this Order and provide a true copy to counsel for all parties.
. Defendants have failed, for example, to disclose to the Court what those duties were, much less how the duties related to the course of events Plaintiff describes in her Complaint.