Thompson v. Davidson Transit Organization
Dujuan Thompson, a former bus driver for Davidson Transit Organization (DTO), filed a lawsuit alleging harassment and retaliation after attempting to form a new union, as well as race-based harassment. DTO, an organization created to provide employees for the Metropolitan Transit Authority (MTA), moved for summary judgment, arguing it was not a state actor under 42 U.S.C. § 1983. The court analyzed whether DTO qualified as a state actor based on the "nexus" or "entwinement" test, considering the close relationship between DTO and MTA, including shared facilities, funding, and overlapping leadership. The court found a disputed issue of fact regarding DTO's status as a state actor due to its sole purpose to support MTA and the dual roles of its board members and supervisors as MTA department heads. The court also denied DTO's estoppel arguments, concluding that Thompson's prior NLRB actions and an arbitration decision did not preclude his current claims. Therefore, the defendant's motion for summary judgment was denied.