Gallentine v. Housing Authority
Berlinsia Gallentine, a black female, sued the Housing Authority of the City of Port Arthur, Texas, and its Executive Director, Seledenio Quesada, alleging racial discrimination and retaliation under Title VII, § 1981, and § 1983. Gallentine claims Quesada discriminated against her by promoting a Hispanic employee, Paula Watts, giving Watts a lighter caseload, and creating a hostile work environment. The court dismissed Gallentine's Title VII claims against Quesada individually and her independent § 1981 claims, finding Quesada was not an 'employer' under Title VII and that § 1981 claims against state actors must be pursued through § 1983. However, the court allowed Gallentine's Title VII retaliation claim against the Housing Authority (based on a post-EEOC demotion), her § 1983 discrimination and retaliation claims against the Housing Authority, and her § 1983 discrimination claim against Quesada in his individual capacity to proceed. The court applied a four-year statute of limitations for § 1983 claims and rejected Quesada's qualified immunity defense for the discrimination claim at this stage, but dismissed the § 1983 retaliation claim against Quesada for lack of personal involvement in the post-EEOC actions.