Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:04-cv-01425-GMS

Document 24

Filed 02/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN A. ALBANESE, JR., Plaintiff, v. THE CITY OF WILMINGTON, DELAWARE, A Political Subdivision of the State of Delaware, JAMES N. MOSLEY, SR., and JEFFREY J. STARKEY, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1425 GMS Trial by Jury Demanded

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT There being no disputed issues of material fact, Defendants the City of Wilmington, James N. Mosley, Sr. and Jeffrey J. Starkey ("Defendants") respectfully move this Honorable Court to issue an Order granting summary judgment in their favor and dismissing Plaintiff's Complaint with prejudice for the following reasons, which are more fully explained in Defendants' Opening Brief in Support of Their Motion for Summary Judgment and the accompanying Appendix: 1. Plaintiff cannot establish a prima facie case of reverse racial discrimination under Title VII

because he cannot demonstrate: (a) American employees; (b) (c) that he was qualified for the position of Housing Code Enforcement Supervisor; or that there was any causal connection between his race and the employment decisions that he was treated differently than any similarly situated Hispanic and African

made by the Defendants. 2. Defendants had legitimate, non-discriminatory and non-pretextual reasons for all of the

employment decisions they made with respect to the Plaintiff. 3. As a matter of law, Defendants Mosley and Starkey cannot be held liable under Title VII in

their individual capacities.

Case 1:04-cv-01425-GMS

Document 24

Filed 02/28/2006

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4.

As a matter of law, punitive damages are not available under Title VII against municipalities

such as the City of Wilmington. 5. As a matter of law, Plaintiff's damages, if any, must be limited to a maximum of $300,000.

CITY OF WILMINGTON LAW DEPARTMENT

/s/ Andrea J. Faraone Andrea J. Faraone (I.D. # 3831) Assistant City Solicitors Louis L. Redding City/County Building 800 French Street, 9th Floor Wilmington, Delaware 19801-3537 (302) 576-2175 Attorneys for Defendants

Dated: February 28, 2006