Kimberly DePriest v. State of Louisiana, through the Louisiana Workforce Commission, Sheral Kellar, and Corey Gaines

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

KIMBERLY DEPRIEST NO. 2021 CW 0258

VERSUS

STATE OF LOUISIANA, THROUGH
THE LOUISIANA WORKFORCE
COMMISSION, SHERAL KELLAR MAY 20, 2021

AND COREY GAINES

In Re: Sheral Kellar and Corey Gaines, for
applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 675424.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

WRIT GRANTED. The portion of the district court' s November
16, 2020 judgment, which denied defendants/ relators, Sheral
Kellar and Corey Gaines', Partial Exception of No Cause of

Action as to plaintiff/ respondent, Kimberly DePriest' s, cause of

action for prospective injunctive relief to prohibit loss of

promotional opportunities, is reversed. " The ADEA ` provides no

basis for individual liability for supervisory employees.'"
Medina v. Ramsey Steel Co., Inc., 238 F. 3d 674, 686 ( 5th Cir.
2001), citing, Stults v. Conoco, Inc., 76 F. 3d 651, 655 ( 5th
Cir. 1996). Furthermore, DePriest does not meet the criteria of
a " contractor, subcontractor, grantee, or subgrantee" under 41
U. S. C. 4712( a)( 1), under which DePriest may be protected from
retaliatory discrimination under the National Defense
Authorization Act. Accordingly, the portion of the district
court' s judgment which denied Sheral Kellar and Corey Gaines`
Partial Exception of No Cause action concerning DePriest' s claim
for prospective injunctive relief is granted, and DePriest' s
claims against them are dismissed.

MRT
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COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CL RK OF COURT
FOR THE COURT