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David B. Scott v. New Hampshire Police Standards & Training Council

April 10, 2013

DAVID B. SCOTT
v.
NEW HAMPSHIRE POLICE STANDARDS & TRAINING COUNCIL, ET AL.



The opinion of the court was delivered by: Paul Barbadoro United States District Judge

ORDER

I decline to reconsider my ruling that the defendants are not employers subject to liability under Title VII. I am also unpersuaded by the plaintiff's contention that either defendant is subject to liability as a labor organization. Plaintiff cites no cases that directly support his argument, and he has failed to explain how either defendant can be seen in the context of this case as an organization "in which employees participate," as that phrase is used in the statute. The mere fact that trainees attend the academy does not qualify either the state or the Police Standards & Training Council as a labor organization. Because employee participation is a requirement to qualify as a labor organization, I also reject plaintiff's contention that the defendants are subject to liability on this basis. The motion for reconsideration (Doc. No. 15) is denied.

SO ORDERED.

Paul Barbadoro

cc:

20130410

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