Duprey v. Twelfth Judicial District Court (760 F. Supp. 2d 1180, 2009)

MEMORANDUM OPINION AND ORDER

JAMES 0. BROWNING, District Judge.

THIS MATTER comes before the Court on the Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) by Defendants Hatcher and Park, filed October 14, 2008 (Doc. 20). The Court held a hearing on June 18, 2009. The primary issues are: (i) whether Defendant Valerie Park, in recording the proceedings of the grievance hearing in which Plaintiff Karen E. Duprey appealed her demotion, was acting in a quasi-judicial capacity and is entitled to absolute immunity; (ii) whether Park and Defendant Lorri A. Hatcher were “acting for” Du-prey’s employer such that they are individually liable under the New Mexico Human Rights Act, NMSA 1978 §§ 28-1-1 to 28-1-15 (“NMHRA”); (iii) whether any of Hatcher’s or Park’s actions gave rise to violations of Duprey’s procedural due-process rights; (iv) whether Duprey can seek punitive damages against Hatcher and Park; and (v) whether the Court should award Park and Hatcher attorney’s fees and impose sanctions under rule 11 of the Federal Rules of Civil Procedure against Duprey’s attorney. Pursuant to Duprey’s stipulation in her briefing and at the hearing, the Court will dismiss the individual claims against Park and Hatcher for violations of Title VII and the Federal Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634. Because Park was acting in a non-discretionary, ministerial function, she is not entitled to absolute immunity. The Court also finds that, in their capacities as employees in the Administrative Office of the Court, which supports the Twelfth Judicial District, Park and Hatcher acted for the Twelfth Judicial District, Duprey’s employer. The Court therefore believes they can be held individually liable under the NMHRA. The Court finds, however, that Duprey has not alleged a due-process violation against either Hatcher or Park because Duprey received the process she was due—a hearing and an opportunity respond to allegations supporting her demotions—for the deprivation she suffered. All allegations related to the internal-grievance investigation fail to give rise to a due-process violation because that internal-grievance investigation, which was conducted at Duprey’s initiative, did not result in the deprivation of life, liberty, or property. Because certain 42 U.S.C. § 1983 claims survive against Hatcher and Park, it is not appropriate at this time to dismiss Duprey’s punitive damages claim. Finally, the Court will not award costs or impose sanctions.

FACTUAL BACKGROUND

Some of the factual details that the Court sets forth are not established in the record, but appear as allegations in the Complaint. While the Court does not rely on those facts not set forth in the record, the Court repeats them here for the sake of providing context.

Duprey was an employee of the Twelfth Judicial District Court for the State of New Mexico. See Complaint for Employment Discrimination and Retaliation and for Deprivation of Civil Rights Under Col- or of State Law ¶ 2, at 2, filed August 18, 2008 (Doc. l)(“Complaint”). She began working for the Twelfth Judicial District Court on August 31, 1995. See id. ¶ 34, at 8. In the calendar year 2000, Duprey competed for the position of Court Administrator. See id. ¶ 36, at 8. Although she alleges that she was highly qualified for the position, Duprey did not receive the promotion. See id. ¶ 36, at 8. Rather, another, less qualified employee received the job, and “from the outset exhibited jealousy and antipathy toward [Duprey], and directly and indirectly encouraged younger employees and minority employees working under [Duprey] to exhibit insubordination and discontent.” Id. ¶ 36, at 8.

Duprey alleges that she suffered various other negative actions at work, including denial of a pay raise because of an unfair evaluation, degrading and demeaning interrogations based on unfounded allegations made by Hispanic subordinates who had banded against her, a reprimand, and ultimately, a demotion. See id. ¶¶ 37-43, at 9-10. Duprey alleges in her Complaint that, after being demoted, she “filed an internal complaint of harassment pursuant to the New Mexico Judicial Branch Personnel Rules.” Id. ¶44, at 10. Duprey also filed a grievance because of the demotion and had a hearing before the grievance board on November 16, 2007 and December 5, 2007. See id. ¶¶ 46-48, at 10-11. See Letter from Valerie Park to Karen Duprey (dated March 5, 2008)(“March 5 Letter”)(discussing Du-prey’s complaint of a hostile work environment and the internal-grievance investigation that ensued).

Hatcher was serving as the Director of Human Resources for the New Mexico Administrative Office of the Courts during the time periods related to this lawsuit. See id. ¶ 21, at 5; Affidavit of Karen E. Duprey ¶ 3, at 1 (executed October 28, 2008)(Doc. 30-2)(“Duprey Aff.”) Hatcher had ultimate responsibility for assuring the fair and impartial administration of Du-prey’s grievance hearing and for the fair and impartial administration of the investigation into Duprey’s complaint of employment-related harassment. See Complaint ¶ 22, at 6; Duprey Aff. ¶ 3, at 1.

At all relevant times, Park was a project manager for the New Mexico Administrative Office of the Courts, Human Resources. See Complaint ¶ 25, at 6; March 5 Letter at 5. Park investigated Duprey’s complaint for harassment. See Complaint ¶ 25, at 6. Park was also in charge of monitoring the audio-recording equipment that was used to make a record of the grievance hearing. See id. ¶¶ 50-51, at 11.

After the November 16, 2007 portion of the grievance hearing and before the December 5 portion, Park revealed to Duprey and to Duprey’s attorney that the audio recording from the November 16 hearing had either been accidentally destroyed or was never recorded. See id. ¶ 53, at 12. Because of the lost record, Duprey requested that the hearing be started over so that she would be able to have a record for all of the proceedings. See id. ¶ 55, at 12. The request was denied, and the second day of the hearing proceeded as scheduled. See id. ¶ 56, at 12. Ultimately, a divided grievance board ruled against Duprey. See id. ¶ 57, at 12-13.

Duprey alleges that, after the grievance hearing, Park conducted a “biased, superficial investigation into Ms. Duprey’s complaint of on-the-job harassment.” Id. ¶ 58, at 13; Duprey Aff. ¶¶ 15-16, at 5-6. According to Duprey’s allegations, Park committed multiple violations of the New Mexico Judicial Branch Harassment Discrimination and Retaliation Policy, including failing and refusing to interview any of Duprey’s witnesses and conducting interviews in a biased and leading manner. See Duprey Aff. ¶¶ 15-16, at 5-6. Duprey also alleges that Hatcher failed and refused to supervise and to correct Park’s inadequate and biased investigation, and that Hatcher failed and refused to supervise and to correct the biased and unfair March 5, 2008 report of that investigation. See Complaint ¶ 59, at 13; Duprey Aff. ¶¶ 17-19, at 6-7.

PROCEDURAL BACKGROUND

Duprey filed her Complaint in the United States Court for the District of New Mexico on August 18, 2008. Duprey acknowledges that Counts I and III, which reflect claims for employment discrimination in violation of Title VII of the Civil Rights Act of 1964 and for employment discrimination in violation of the Federal Age Discrimination in Employment Act, sound only against the employer, and not against Park and Hatch. See Plaintiffs Response in Opposition to Defendants Hatcher and Park’s Motion to Dismiss at 1, filed November 4, 2008 (Doc. 30). Although Duprey stipulates that Counts I and III do not sound against Park and Hatch, she has brought five counts against them: (i) Count II, for discrimination in violation of the NMHRA, see Complaint at 14; (ii) Count V, for employment retaliation in violation of the NMHRA, see Complaint at 16; (hi) Count VI, for denial of equal protection, adverse employment actions, harassment, and retaliation, see Complaint at 16; (iv) Count VII, for denial of due-process stemming from the conduct of the grievance hearing and the harassment investigation, see Complaint at 17; and (v) Count VIII, for punitive damages against, among others, Hatcher and Park, see Complaint at 18.

The Defendants contend that, because Hatcher was not an employer under Title VII, she cannot be sued in her individual capacity under Counts I through V. See Defendants Hatcher and Park’s Memorandum in Support of Motion to Dismiss Pursuant to Rule 12(b)(6) at 1-2, filed October 14, 2008 (Doc. 21)(“Memo.”). The Defendants note that supervisory employees acting in their official capacities may be sued under Title VII as a means of suing the employer under an agency theory. See Memo, at 2. The Defendants contend, however, that Hatcher was not an agent of the employer and is therefore not subject to individual liability. See id.

The Defendants further maintain that Hatcher is not a proper party in her individual capacity to the due-process claim articulated in Count VII of the Complaint. See Memo, at 3. In the Defendants’ view, Duprey pleads no facts that would support a conclusion that Hatcher violated Du-prey’s right to due-process. See id. The Defendants assert that, for a complaint to state a violation of procedural due-process, the plaintiff must identify some procedural right that the defendant transgressed. See id. According to the Defendants, the Complaint confirms that Duprey’s September 21, 2007 internal complaint of harassment was investigated. See id. The Defendants therefore contend that Duprey’s rights to procedural due-process were therefore satisfied. Thus, the Defendants maintain that Duprey’s allegation about Hatcher failing to supervise and correct Park’s report of the investigation fails to state a claim. See id. at 4. The Defendants insist that Duprey had no right to a particular outcome—only to an investigation, which she received. See id.

The Defendants’ primary line of argument regarding Park is that the allegations related to her failing to record the November 16, 2007 grievance hearing fail to state a claim because Park is entitled to quasi-judicial immunity. See Memo, at 4-5. The Defendants note that Park’s actions were purely ministerial in operating the tape-recording equipment for the hearing and that, like a monitor in a judicial proceeding in district court, Park is entitled to immunity. See id. at 5.

The Defendants also insist that the Complaint fails to state a due-process claim against Park for the same reasons that the Complaint fails to state a due-process claim against Hatcher. See Memo, at 5. Specifically, the Defendants argue that the Complaint acknowledges that Duprey’s internal complaint had been investigated. See id. Thus, according to the Defendants, Duprey received the process that was due to her. See id.

Duprey responds that, while the Defendants are correct that Counts I and III are properly stated against only the employer, Counts II, V, VI, VII, and VIII are properly stated against Hatcher and Park. See Response at 1. Duprey argues that individual agents of an employer can be sued for civil rights violations under the NMHRA because the NMHRA defines employer as “any person employing four or more persons and any person acting for an employer.” Response at 3 (internal quotation marks and citations omitted). Duprey maintains that a person acting for the employer would include a human resources director like Hatcher and a record keeper at an administrative proceeding like Park. See Response at 3.

Duprey argues that she has appropriately pled due-process claims against Hatcher and Park in Count VII of the Complaint. See Response at 4. Duprey submits an affidavit to support her due-process claim. In the affidavit, she repeats the allegation that the recording, which contained testimony critical to her case, was lost. See Duprey Aff. ¶¶ 7-8, at 2-3. Duprey alleges that Hatcher shares in Park’s liability for the lost record because of Hatcher’s position as Human Resources Director. See id. ¶¶ 5-8, at 2-3. Duprey also alleges other acts that she believes deprived her of due process, including a “barely audible” recording of the December 5 hearing, id. ¶ 10, at 3, assembly by Hatcher of a grievance panel consisting of individuals with whom Duprey had a conflict, see id. ¶ 5, at 2, inadequate time for the grievance proceeding, see id. ¶¶ 12-13, at 4-5, Hatch-er’s failure to task Duprey’s requested investigation under the Harassment policy to someone with more experience than Park, see id. ¶ 14, at 5, Park’s failure to allow Duprey to review and supplement the witness list for the grievance investigation, see id. ¶ 15, at 5, Park’s participation in both the grievance hearing and the grievance investigation, which suggests Park’s investigation was tainted by what she heard at the grievance hearing, see id. ¶ 19, at 6-7, and Hatcher’s failure to prevent Park’s improper conduct, see id. ¶ 20, at 7. Duprey argues that these allegations from her affidavit preclude dismissal of her due-process claims against Hatcher and Park. See Response at 4.

Regarding Park’s immunity defense, Duprey argues that the procedural safeguards that would constitute the hallmark of judicial process were not present at the grievance hearing and that its participants, including Park, should not enjoy immunity. See Response at 4-10.

Duprey insists that punitive damages are appropriate in the 42 U.S.C. § 1983 claims. Duprey believes she will recover on those claims. She therefore contends that Count VIII should not be dismissed.

Finally, Duprey takes issues with the Defendants attaching “unauthenticated, inadmissible exhibits to these briefs.” Response at 2. In Duprey’s view, “Defendants are trying to pack the record with inadmissible hearsay and that is not appropriate, particularly in briefing on motions to dismiss, which are reserved for purely legal matters.” Id.

In their reply, the Defendants argue that neither Hatcher nor Park were “acting for the employer,” because neither had the authority to impose an adverse employment relationship on Duprey or to otherwise adversely affect Duprey’s employment relationship with the Twelfth Judicial District, Duprey’s employer. Defendants Hatcher and Park’s Reply in Support of Motion to Dismiss at 2, filed November 21, 2008 (Doc. 32)(“Reply”).

The Defendants also argue that the due-process claims fail for several reasons. First, they contend that the Complaint alleges no acts or omission by Hatcher related to the grievance hearing that would give rise to a constitutional violation. See id. at 4. They also note that the allegations regarding Hatcher’s failure to supervise Park’s internal-grievance investigation do not support a due-process claim because the investigation was one that Du-prey initiated and because the investigation did not pose a risk of any disciplinary action against Duprey. See id.

At the hearing, the Defendants argued that Hatcher and Park should not be liable for activity related to the grievance hearing because Hatcher and Park were not responsible for the substantive decisions that the grievance board rendered. See Transcript of Hearing at 46:4-12 (Maynes)(taken June 19, 2009)(“Tr.”). The Defendants also argued that Hatcher was a functionary to the grievance hearing, carrying out mundane, menial tasks such as finding a room in which to hold the hearing and making sure the room was clean. See id. at 46:13-20 (Maynes). The Defendants therefore insisted that opening the doors to suits against actors such as Hatcher in this context would give rise to vexatious litigation against other support staff performing ministerial or technical functions related to quasi-judicial proceedings. See id. at 47:1-16 (Maynes).

Duprey argued at the hearing that Park should not have immunity because Park was not a decision-maker, but was instead a fact gatherer and a technical logistical support provider. See id. at 44:16-20 (Montoya). Duprey therefore insisted that Park’s function was not similar to those of a judicial officer. See id. at 44:19-21 (Montoya). Thus, Duprey contended that Park should not enjoy immunity from suit. See id. at 45:1-2 (Montoya).

RELEVANT LAW REGARDING MOTIONS TO DISMISS

Under rule 12(b)(6), a court may dismiss a complaint for “failure to state a claim upon which relief can be granted.” Fed. R.Civ.P. 12(b)(6). “The nature of a Rule 12(b)(6) motion tests the sufficiency of the allegations within the four corners of the complaint after taking those allegations as true.” Mobley v. McCormick, 40 F.3d 337, 340 (10th Cir.1994). The sufficiency of a complaint is a question of law, and when considering and addressing a rule 12(b)(6) motion, a court must accept as true all well-pleaded factual allegations in the complaint, view those allegations in the light most favorable to the non-moving party, and draw all reasonable inferences in the plaintiffs favor. See Moore v. Guthrie, 438 F.3d 1036, 1039 (10th Cir.2006); Hous. Auth. of Kaw Tribe v. City of Ponca City, 952 F.2d 1183, 1187 (10th Cir.1991).

A complaint challenged by a rule 12(b)(6) motion to dismiss does not require detailed factual allegations, but a plaintiffs obligation to set forth the grounds of his or her entitlement to relief “requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). “Factual allegations must be enough to raise a right to relief above the speculative level.... ” Id. at 1965 (internal citation omitted). “[T]he Supreme Court recently ... prescribed a new inquiry for us to use in reviewing a dismissal: whether the complaint contains ‘enough facts to state a claim to relief that is plausible on its face.’” Ridge at Red Hawk, L.L.C. v. Schneider, 493 F.3d 1174, 1177 (10th Cir. 2007) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. at 570, 127 S.Ct. 1955). “The [Supreme] Court explained that a plaintiff must ‘nudge his claims across the line from conceivable to plausible’ in order to survive a motion to dismiss.” Ridge at Red Hawk, L.L.C. v. Schneider, 493 F.3d at 1177 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. at 570, 127 S.Ct. 1955) (alterations omitted). “Thus, the mere metaphysical possibility that some plaintiff could prove some set of facts in support of the pleaded claims is insufficient; the complaint must give the court reason to believe that this plaintiff has a reasonable likelihood of mustering factual support for these claims.” Ridge at Red Hawk, L.L.C. v. Schneider, 493 F.3d at 1177. The Tenth Circuit has stated:

“[Plausibility” in this context must refer to the scope of the allegations in a complaint: if they are so general that they encompass a wide swath of conduct, much of it innocent, then the plaintiffs “have not nudged their claims across the line from conceivable to plausible.” The allegations must be enough that, if assumed to be true, the plaintiff plausibly (not just speculatively) has a claim for relief.

Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir.2008) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. at 570, 127 S.Ct. 1955) (internal citations omitted).

The Supreme Court has recently expounded upon the meaning of Bell Atl. Corp. v. Twombly.

Two working principles underlie [the] decision in Twombly. First, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.... Second, only a complaint that states a plausible claim for relief survives a motion to dismiss. Determining whether a complaint states a plausible claim for relief will ... be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.

Ashcroft v. Iqbal, — U.S. -, 129 S.Ct. 1937, 1949-50, 173 L.Ed.2d 868 (2009) (citation omitted). Additionally, the Supreme Court has commented:

In keeping with these principles a court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth. While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations.

Id. at 1950.

A court must convert a motion to dismiss into a motion for summary judgment if “matters outside the pleading are presented to and not excluded by the court,” and “all parties ... [must be] given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.” Fed.R.Civ.P. 12(d). Facts subject to judicial notice may be considered without converting a motion to dismiss into a motion for summary judgment. See Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 n. 1 (10th Cir.2004) (citing 27A Fed. Proc., L.Ed. § 62:520 (2003)). Furthermore, when considering a motion to dismiss, “the court is permitted to take judicial notice of its own files and records, as well as facts which are a matter of public record.” Van Woudenberg v. Gibson, 211 F.3d 560, 568 (10th Cir.2000) abrogated on other grounds by McGregor v. Gibson, 248 F.3d 946, 955 (10th Cir. 2001). A court may consider documents to which the complaint refers if the documents are central to the plaintiffs claim and the parties do not dispute the documents’ authenticity. See Jacobsen v. Deseret Book Co., 287 F.3d 936, 941-42 (10th Cir.2002). If, however, a document is not incorporated by reference or attached to the complaint, but is referred to in the complaint and is central to the plaintiffs claim, the defendant may submit an “indisputably authentic copy to the court to be considered on a motion to dismiss.” GFF Corp. v. Assoc. Wholesale Grocers, Inc., 130 F.3d 1381, 1384 (10th Cir.1997). See 5A C. Wright & A. Miller, Federal Practice & Procedure § 1327 (3d ed. 2004)(“[W]hen the plaintiff fails to introduce a pertinent document as part of her pleading ... the defendant may introduce the document as an exhibit to a motion attacking the sufficiency of the pleading.”).

LAW REGARDING MOTIONS FOR SUMMARY JUDGMENT

Summary judgment shall be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). The movant bears the initial burden of “showfing] that there is an absence of evidence to support the non-moving party’s case.” Bacchus Indus., Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir.1991) (internal quotation marks omitted). See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Once the movant meets this burden, rule 56(e) requires the nonmoving party to designate specific facts showing that there is a genuine issue for trial. See Celotex Corp. v. Catrett, 477 U.S. at 324, 106 S.Ct. 2548; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Vitkus v. Beatrice Co., 11 F.3d 1535, 1539 (10th Cir.1993) (“However, the nonmoving party may not rest on its pleadings but must set forth specific facts showing that there is a genuine issue for trial as to those dispositive matters for which it carries the burden of proof.”)(internal quotation marks omitted); Otteson v. United States, 622 F.2d 516, 519 (10th Cir.1980) (“However, ‘once a properly supported summary judgment motion is made, the opposing party may not rest on the allegations contained in his complaint, but must respond with specific facts showing the existence of a genuine factual issue to be tried.’ ”) (quoting Coleman v. Darden, 595 F.2d 533, 536 (10th Cir.1979)). The party opposing a motion for summary judgment must “set forth specific facts showing that there is a genuine issue for trial as to those dispositive matters for which it carries the burden of proof.” Applied Genetics Int’l, Inc. v. First Affiliated Sec., Inc., 912 F.2d 1238, 1241 (10th Cir. 1990). Rule 56 provides that “an opposing party may not rely merely on allegations or denials in its own pleadings; rather, its response must—by affidavits or as otherwise provided in this rule—set out specific facts showing a genuine issue for trial.” Fed.R.Civ.P. 56(e)(2).

It is not enough for the party opposing a properly supported motion for summary judgment to “rest on mere allegations or denials of his [or her] pleadings.” Anderson v. Liberty Lobby, Inc., 477 U.S. at 256, 106 S.Ct. 2505. See Abercrombie v. City of Catoosa, 896 F.2d 1228, 1231 (10th Cir.1990). “The non-moving party cannot avoid summary judgment by repeating conclusory opinions, allegations unsupported by specific facts, or speculation.” Colony Nat’l Ins. Co. v. Omer, No. 07-2123, 2008 WL 2309005 at *1 (D.Kan. June 2, 2008) (citing Fed.R.Civ.P. 56(e) and Argo v. Blue Cross and Blue Shield of Kan., Inc., 452 F.3d 1193, 1199 (10th Cir.2006)). “In responding to a motion for summary judgment, ‘a party cannot rest on ignorance of facts, on speculation, or on suspicion and may not escape summary judgment in the mere hope that something will turn up at trial.’ ” Colony Nat’l Ins. Co. v. Omer, 2008 WL 2309005 at *1 (quoting Conaway v. Smith, 853 F.2d 789, 794 (10th Cir.1988)).

Genuine factual issues must exist that “can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.” Anderson v. Liberty Lobby, Inc., 477 U.S. at 250, 106 S.Ct. 2505. The mere existence of a scintilla of evidence will not avoid summary judgment. See Vitkus v. Beatrice Co., 11 F.3d at 1539. There must be sufficient evidence on which the factfinder could reasonably find for the nonmoving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. at 251, 106 S.Ct. 2505 (quoting Schuylkill and Dauphin Improvement Co. v. Munson, 81 U.S. 442, 448, 14 Wall. 442, 20 L.Ed. 867 (1871)); Vitkus v. Beatrice Co., 11 F.3d at 1539. “[T]here is no evidence for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the evidence is merely colorable ... or is not significantly probative, ... summary judgment may be granted.” Anderson v. Liberty Lobby, Inc., 477 U.S. at 249, 106 S.Ct. 2505 (internal citations omitted). Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

RELEVANT LAW REGARDING ABSOLUTE IMMUNITY

It is well established that “judges of courts of superior or general jurisdiction are not liable to civil actions for then-judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.” Stump v. Sparkman, 435 U.S. 349, 355-56, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978). That same immunity continues even if the judge’s “exercise of authority is flawed by the commission of grave procedural errors.” Id. at 359, 98 S.Ct. 1099.

The Supreme Court has emphasized that a judge’s immunity from civil liability “is overcome in only two sets of circumstances. First, a judge is not immune from liability for nonjudicial acts, i.e., actions not taken in the judge’s judicial capacity. Second, a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction.” Mireles v. Waco, 502 U.S. 9, 11-12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (citations omitted). The Supreme Court has also held that absolute judicial immunity was not affected or abolished “by § 1983, which makes liable ‘every person’ who under color of law deprives another person of his civil rights.” Pierson v. Ray, 386 U.S. 547, 554, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967), overruled in part on other grounds by Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982).

The Tenth Circuit has also recognized that “officials in administrative hearings can claim the absolute immunity that flows to judicial officers if they are acting in a quasi-judicial fashion.” Guttman v. Khalsa, 446 F.3d 1027, 1033 (10th Cir. 2006) (citing Butz v. Economou, 438 U.S. 478, 514, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978)). For an official at an administrative hearing to enjoy absolute immunity, “ ‘(a) the officials’ functions must be similar to those involved in the judicial process, (b) the officials’ actions must be likely to result in damages lawsuits by disappointed parties, and (c) there must exist sufficient safeguards in the regulatory framework to control unconstitutional conduct.’ ” Guttman v. Khalsa, 446 F.3d at 1033 (quoting Horwitz v. State Bd. of Med. Examiners, 822 F.2d 1508, 1513 (10th Cir.1987)).

In Guttman v. Khalsa, a doctor who suffered from depression and post-traumatic stress disorder had appeared before the Impaired Physicians Committee of the New Mexico Board of Medical Examiners to respond to a series of complaints about his professional conduct. See Guttman v. Khalsa, 446 F.3d at 1030. The Committee in Guttman v. Khalsa issued a “Notice of Contemplated Action and Order of Summary Suspension” of the doctor’s medical license based on alleged mental illness and lying to the Committee. Id. In Guttman v. Khalsa, the New Mexico Board of Medical Examiners then held a hearing, during which one of the defendants acted as Administrative Prosecutor. See id. The New Mexico Board of Medical Examiners in Guttman v. Khalsa revoked the doctor’s medical license pursuant to its- statutory authority to do so. See id.

The doctor in Guttman v. Khalsa appealed the decision to the Seventh Judicial District of New Mexico. See id. The Seventh Judicial District of New Mexico denied the appeal, and the doctor then appealed to the New Mexico Court of Appeals. See id. After the New Mexico Court of Appeals affirmed, the doctor in Guttman v. Khalsa filed a petition for certiorari with the Supreme Court of New Mexico. See id. Before the Supreme Court of New Mexico could act on the petition, the doctor filed a lawsuit in federal court, alleging, among other things, violations of his constitutional rights. See id.

The Tenth Circuit in Guttman v. Khalsa held that the Rooker-Feldman doctrine did not bar the doctor’s federal lawsuit because the state-court lawsuit was not final. See id. at 1032. The Tenth Circuit in Guttman v. Khalsa found, however, that the Administrative Prosecutor and the individual who presided over the three-day hearing in front of the New Mexico Board of Medical Examiners enjoyed absolute immunity. See id. at 1032. The basis for the hearing officer’s immunity in Guttman v. Khalsa was that he had served a quasi-judicial function. See id. at 1032.

The Tenth Circuit in Guttman v. Khalsa also relied on an earlier case: Horwitz v. State Bd. of Medical Examiners of State of Colo., 822 F.2d 1508 (10th Cir.1987). In Horwitz v. State Bd. of Medical Examiners of State of Colo., the Tenth Circuit concluded that members of the State Board of Medical Examiners for the State of Colorado enjoyed absolute immunity for actions it took in filing a formal complaint against a doctor, and in temporarily suspending his right to practice medicine pending investigations and hearings. See 822 F.2d at 1510, 1515. The Tenth Circuit in Horwitz v. State Bd. of Medical Examiners of State of Colo, reasoned that the defendant Board members were performing adjudicatory and prosecutorial functions. See id. at 1515. The Tenth Circuit in Horwitz v. State Bd. of Medical Examiners of State of Colo, also noted:

There exists a strong need to insure that individual Board members perform their functions for the public good without harassment or intimidation. There exist adequate due process safeguards under Colorado law to protect against unconstitutional conduct without reliance upon private damages lawsuits. It is important to insulate Board members from political influences in meeting their adjudicatory responsibilities in the adversarial setting involving licensure to practice medicine. Public policy requires that officials serving in such capacities be exempt from personal liability.

Id. Finally, the Tenth Circuit pointed out the Board members’ functions, observing that Board members

serve in the prosecutorial role in that they, among other things, initiate complaints, start hearings, make investigations, take evidence, and issue subpoenas. They also serve in the adjudicative role, as judges. Thus, the Board duties are “functionally comparable” to a court of law. And we are reminded that, with respect to immunity, we must include all acts of the official performing statutory duties as having “[mjore or less connection with the general matters committed by law” to his station.

Id.

Although certain officers enjoy immunity from suit for acts taken in a quasi-judicial setting, the Supreme Court has held that court reporters do not enjoy such immunity. Rejecting a court reporter’s claim of absolute immunity, the Supreme Court has stated: “We are also unpersuaded by the contention that our functional approach to immunity ... requires that absolute immunity be extended to court reporters because they are part of the judicial function.” Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 435, 113 S.Ct. 2167, 124 L.Ed.2d 391 (1993). Rather, in the Supreme Court’s view,

The doctrine of judicial immunity is supported by a long-settled understanding that the independent and impartial exercise of judgment vital to the judiciary might be impaired by exposure to potential damages liability. Accordingly, the “touchstone” for the doctrine’s applicability has been “performance of the function of resolving disputes between parties, or of authoritatively adjudicating private rights.” [Burns v. Reed,] 500 U.S. [478,] 500[, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991) ] (SCALIA, J., concurring in judgment in part and dissenting in part). When judicial immunity is extended to officials other than judges, it is because their judgments are “functionally] comparable]” to those of judges—that is, because they, too, “exercise a discretionary judgment” as a part of their function. Imbler v. Pacht man, 424 U.S. [409] at 423, n. 20[, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976)]....

Antoine v. Byers & Anderson, Inc., 508 U.S. at 435-36, 113 S.Ct. 2167 (footnote excluded)(fínal two alterations in Antoine v. Byers & Anderson, Inc.).

In light of this understanding of judicial immunity, the Supreme Court found that the function that court reporters perform is not one that would lead to a grant of immunity. See id. at 436, 113 S.Ct. 2167. The Supreme Court reasoned that court reporters “are afforded no discretion” in carrying out their duty, and that they are “not absolutely immune because their duties are ministerial, not discretionary in nature.” Id. (internal quotation marks and citations omitted).

RELEVANT LAW REGARDING PROCEDURAL DUE PROCESS

The Fourteenth Amendment protects citizens from the deprivation of “life, liberty, or property, without due process of law.” U.S. Const. amend. XIV, § 1. Courts engage in a two-step inquiry to determine whether an individual’s procedural due-process rights were violated: “(1) Did the individual possess a protected property interest to which due process protection was applicable? (2) Was the individual afforded an appropriate level of process?” Camuglia v. City of Albuquerque, 448 F.3d 1214, 1219 (10th Cir.2006) (citation and internal quotations omitted). See Ripley v. Wyoming Medical Center, Inc., 559 F.3d 1119, 1122 (2009) (“To set forth an actionable procedural due process claim, a plaintiff must demonstrate: (1) the deprivation of a liberty or property interest and (2) that no due process of law was afforded.”) (citations and internal quotation marks omitted). “In procedural due process claims, the deprivation by state action of a constitutionally protected interest in “life, liberty, or property” is not in itself unconstitutional; what is unconstitutional is the deprivation of such an interest without due process of law.” Zinermon v. Burch, 494 U.S. 113, 125, 110 S.Ct. 975, 108 L.Ed.2d 100 (1990). Furthermore, “[a] due process claim ... can only be maintained where there exists a constitutionally cognizable liberty or property interest with which the state has interfered.” Steffey v. Orman, 461 F.3d 1218, 1221 (10th Cir.2006).

Before the government acts to impair an individuáis property interest, the individual “is entitled to some sort of hearing ..., although the hearing need not necessarily provide all, or even most, of the protections afforded by a trial.” Camuglia v. City of Albuquerque, 448 F.3d at 1220. To evaluate whether procedural protections are constitutionally adequate, a court weighs several factors:

First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.

Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976).

RELEVANT LAW REGARDING BIAS IN JUDICIAL PROCEEDINGS

In some cases, the Constitution requires a judge’s recusal. See Caperton v. A.T. Massey Coal Co., Inc., — U.S. -, 129 S.Ct. 2252, 2265, 173 L.Ed.2d 1208 (2009). Caperton v. A.T. Massey Coal Co., Inc. arose out of the Supreme Court of Appeals of West Virginia’s reversal of a trial-court judgment which had entered a jury verdict of $50 million against A.T. Massey Coal Co., Inc. (“Massey”) for fraudulent misrepresentation, concealment, and tortious interference with existing contractual relations. See id. at 2257. A five-justice panel on the Supreme Court of Appeals of West Virginia heard the appeal, and reversed the trial-court judgment 3-2 after one of the justices in the majority denied a recusal motion. See id. at 2256.

The motion to recuse was based on one of the justices having received substantial contributions from Massey’s chairman, chief executive officer, and president for his previous reelection campaign. See id. As the Supreme Court noted, Massey’s CEO provided approximately $3 million, which constituted more than the total amount spent by the judge’s other supporters and three times the amount spent by the judge’s own committee. See id. at 2257. Massey’s CEO was, in effect, the judge’s largest financial contributor. The plaintiff filed a motion to recuse based on the CEO’s campaign activity for the judge, and the judge denied the motion. See id. at 2257-58.

Recognizing that, at times, “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable,” id. at 2260 (internal quotation marks and citations omitted), the Supreme Court found: “On these extreme facts the probability of actual bias rises to an unconstitutional level.” Id. at 2265. The Supreme Court applied an objective standard to determine whether the probability of actual bias was unconstitutionally high. Under that standard, the Supreme Court asked whether, “under a realistic appraisal of psychological tendencies and human weakness, the interest poses such a risk of actual bias or prejudgment that the practice must be forbidden if the guarantee of due process is to be adequately implemented.” Id. at 2263 (internal quotation marks and citations omitted).

To support its conclusion under the objective standard, the Supreme Court reasoned:

Blankenship’s [The CEO] campaign efforts had a significant and disproportionate influence in placing Justice Benjamin on the case. Blankenship contributed some $3 million to unseat the incumbent and replace him with Benjamin. His contributions eclipsed the total amount spent by all other Benjamin supporters and exceeded by 300% the amount spent by Benjamin’s campaign committee.

Id. at 2264. Moreover, the “temporal relationship between the campaign contributions, the justice’s election, and the pendency of the case is also critical. It was reasonably foreseeable, when the campaign contributions were made, that the pending case would be before the newly elected justice.” Id. at 2264-65. Thus, the Supreme Court concluded that there was a

serious risk of actual bias—based on objective and reasonable perceptions— when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case by raising funds or directing the judge’s election campaign when the case was pending or imminent.

Id. at 2263-64.

PROPER PARTIES TO SUITS UNDER THE NMHRA

The NMHRA makes it an unlawful discriminatory practice for

an employer, unless based on a bona fide occupational qualification or other statutory prohibition, to refuse to hire, to discharge, to promote or demote or to discriminate in matters of compensation, terms, conditions or privileges of employment against any person otherwise qualified because of race, age, religion, color, national origin, ancestry, sex, physical or mental handicap or serious medical condition, or, if the employer has fifty or more employees, spousal affiliation; provided, however, that 29 U.S.C. Section 631(c)(1) and (2) shall apply to discrimination based on age; or, if the employer has fifteen or more employees, to discriminate against an employee based upon the employee’s sexual orientation or gender identity....

NMSA 1978 § 28-1-7. The NMHRA also allows individuals to bring a lawsuit in the appropriate district court after exhausting their administrative remedies. See Luboyeski v. Hill, 117 N.M. 380, 382, 872 P.2d 353, 355 (1994). The NMHRA provides:

A person aggrieved by an order of the commission may obtain a trial de novo in the district court of the county where the discriminatory practice occurred or where the respondent does business by filing a notice of appeal within ninety days from the date of service of the commission’s order.

NMSA 1978 § 28-1-13A.

The NMHRA defines “employer” as “any person employing four or more persons and any person acting for an employer.” NMSA 1978 § 28-1-2B. While acknowledging that there is generally no personal liability under Title VII, the Supreme Court of New Mexico has “rejeet[ed] the proposition that there can exist no individual liability under the NMHRA.” Sonntag v. Shaw, 130 N.M. 238, 243, 22 P.3d 1188, 1193 (2001). In Sonntag v. Shaw, a defendant relied on Title VII case law to argue that the owner of a corporation could not be sued as an individual under the NMHRA. See Sonntag v. Shaw, 130 N.M. at 243, 22 P.3d at 1193. Although it held that the defendant could not be held personally liable, given that the plaintiff had failed to exhaust administrative remedies, the Supreme Court of New Mexico declined to close the door on individual liability under the NMHRA. See Sonntag v. Shaw, 130 N.M. at 243, 22 P.3d at 1193.

The Supreme Court of New Mexico noted in Sonntag v. Shaw:

[Tjhis Court has acknowledged the possibility of individual liability for discrimination claims. Cf. Luboyeski v. Hill, 117 N.M. 380, 382, 872 P.2d 353, 355 (1994) (affirming the dismissal of individual defendants because the plaintiff failed to exhaust administrative remedies against them); Mitchell-Carr v. McLendon, 1999-NMSC-025, ¶ 10, 127 N.M. 282, 980 P.2d 65 (citing Luboyeski). As Plaintiff suggests, the potential for individual liability for discrimination claims is rooted in the language of the NMHRA itself, which forbids “any person” from supporting a discriminatory practice. Section 28-1-7(I); see NMSA 1978, § 28-1-2(A) (1993) (including within its definition of “person” for purposes of the NMHRA, “one or more individuals”).

Sonntag v. Shaw, 130 N.M. at 243, 22 P.3d at 1193.

RELEVANT LAW REGARDING PUNITIVE DAMAGES

“[A] jury may be permitted to assess punitive damages in an action under § 1983 when the defendant’s conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.” Smith v. Wade, 461 U.S. 30, 56, 103 S.Ct. 1625, 75 L.Ed.2d 632 (1983). Moreover, punitive are available under Title VII in situations where a plaintiff demonstrates that a respondent discriminated with malice or with reckless indifference to federally protected constitutional rights. See Hysten v. Burlington Northern Santa Fe Ry. Co., 530 F.3d 1260, 1278 (10th Cir.2008). “The Title VII standard for punitive damages requires something more than the employer’s mere awareness that its conduct constitutes intentional discrimination however egregious it might be.” Id. Thus, “[t]he terms ‘malice’ or ‘reckless indifference’ [in § 1981a(b)(1) ] pertain to the employer’s knowledge that it may be acting in violation of federal law, not its awareness that it is engaging in discrimination.” Id. (internal quotation marks and citations omitted).

STANDARD FOR ISSUING SANCTIONS UNDER RULE 11

Rule 11 of the Federal Rules of Civil Procedure provides:

(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney’s fees, incurred for the motion.

(3) On the Court’s Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation.

Fed.R.Civ.P. 11 (bold in original). “If after reasonable inquiry, a competent attorney could not form a reasonable belief that [a] pleading is well grounded in fact and is warranted by existing law .... then such conduct is sanctionable under Rule 11.” Adamson v. Bowen, 855 F.2d 668, 673 (10th Cir.1988). The main purpose behind rule 11 sanctions is misconduct deterrence not defense compensation. See Kirk Capital Corp. v. Bailey, 16 F.3d 1485, 1490 (8th Cir.1994); Fed.R.Civ.P. 11(c)(4). Sanctions are not warranted where there is a minor or tangential misrepresentation by a party. See Carona v. Falcon Services Company, Inc., 72 F.Supp.2d 731, 733 (S.D.Tax.1999). If, considering the “totality of the circumstances,” the court finds that the misrepresentation is an honest mistake, sanctions are not warranted. Id.

ANALYSIS

The Defendants’ primary grounds for dismissal are: (i) Park is immune from suit for her actions taken at the grievance hearing; (ii) Hatcher and Park cannot be sued individually under the NMHRA; and (iii) Duprey has not alleged facts against Hatcher and Park amounting to a due-process violation. The motion was styled a motion to dismiss pursuant to rule 12(b)(6). Under rule 12(b)(6), the Court would normally rule on the face of the pleadings, based on the standards set forth in Bell Atl. Corp. v. Twombly. Accordingly, dismissal would be appropriate if, viewing the allegations in the Complaint in the light most favorable to Duprey, Duprey failed to nudge her claims across the line from conceivable to plausible. See Ridge at Red Hawk, L.L.C. v. Schneider, 493 F.3d at 1177 (citing Bell Atl. Corp. v. Twombly, 550 U.S. at 570, 127 S.Ct. 1955). In this case, however, the Court will not be applying the 12(b)(6) standard.

In its Memorandum Opinion and Order, entered July 10, 2009, 2009 WL 2432483 (Doc. 47)(“July 10 MOO”), the Court notified the parties that it was converting the motion to dismiss into a motion for summary judgment and gave Duprey ten days to respond with any additional materials she wanted the Court to consider. The Court also gave the Defendants ten days to submit authenticated versions of the exhibits it originally submitted.

On July 22, 2009, in response to the Court’s notice that it was converting this motion to a motion for summary judgment, Duprey filed a supplemental response through which she requested discovery before the Court ruled on the due-process issues. See Plaintiffs Supplemental Response in Opposition to Defendants Hatch-er and Park’s Motion to Dismiss at 1-2, filed July 22, 2009 (Doc. 54). Duprey’s attorney attached an affidavit prepared pursuant to rule 56© to support the request for discovery. See Affidavit of Dennis W. Montoya (executed July 22, 2009)(Doc. 54-2)(“Montoya Aff.”). After careful consideration of these new materials, however, the Court determines that it will deny the request for discovery and will proceed to decide the motion for summary judgment.

In converting the motion to a motion for summary judgment, the Court explained that, “in this case, both parties have submitted materials outside the pleadings in support of their respective positions. Some of those materials cannot properly be subjected to judicial notice.” July 10 MOO at 3. Furthermore, the Court notes that, “conversion is proper when the non-movant appends materials to his opposition and urges the court to consider them.” Whitesel v. Sengenberger, 222 F.3d 861, 866 (10th Cir.2000). In this case, Duprey, the non-moving party, attached an affidavit to her response and relied upon it extensively in opposing Hatcher and Park’s contentions. On July 20, 2009, Hatcher and Park submitted authenticated versions of their exhibits by way of a supplemental filing. See Supplemental Filing in Support of Motion to Dismiss Defendants Lorri Hatcher and Valerie Park, filed July 20, 2009 (Doc. 51).

The Court therefore treats this motion to dismiss as a motion to summary judgment. Accordingly, the proper standard will be whether “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c).

Treating this motion as a motion for summary judgment, the Court will dismiss the Title VII Federal Age Discrimination in Employment Act claims against Park and Hatcher, based on Duprey’s concession. The Court finds that Park is not immune from suit for her actions related to the grievance hearing. Moreover, both Hatcher and Park can be sued individually under the NMHRA. The Court also finds that neither Hatcher nor Park engaged in any activity that would amount to a deprivation of procedural due-process. Hatcher and Park are also not entitled to dismissal of Duprey’s punitive damages claim. Finally, the Court will not award fees or impose sanctions.

I. THE COURT WILL DENY THE REQUEST MADE PURSUANT TO THE RULE 56(f) AFFIDAVIT AND WILL PROCEED TO DECIDE THE MOTION FOR SUMMARY JUDGMENT.

Before the Court decides the due-process issues raised in the motion to dismiss, which the Court has converted into a motion for summary judgment, Duprey asks the Court to permit discovery. In the rule 56(f) affidavit, her attorney submits that he “reasonably believes that discovery would reveal details about the involvement of Defendants Hatcher and Park in the matters surrounding the erasure or other spoliation of a significant part of the hearing record in Ms. Du-prey’s grievance hearing.” Montoya Aff. ¶ 4, at 1. Her attorney also states: “The facts as to Park’s role need to be explored in discovery before her immunity motion can be decided.” Id. ¶ 6, at 1-2. Duprey therefore asks the Court to defer ruling on the due-process claim until discovery is complete, and asks that she have the opportunity to supplement her briefing and exhibits upon completion of the requested discovery. See id. ¶¶ 5-6, at 1-2.

The Court finds that the affidavit that Duprey’s attorney has submitted does not demonstrate with a sufficient degree of specificity what discovery Duprey is seeking and how that discovery would create a genuine issue of material fact. Rule 56(f) allows litigants to request relief from the Court when they are unable to produce facts to contest a motion for summary judgment. Rule 56(f) provides:

When Affidavits Are Unavailable. If a party opposing the motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:

(1) deny the motion;

(2) order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken; or

(3) issue any other just order.

Fed.R.Civ.P. 56(f) (bold in original). “Unless dilatory or lacking in merit,” a party’s 56(f) application “should be liberally treated.” Jensen v. Redevelopment Agency of Sandy City, 998 F.2d 1550, 1554 (10th Cir.1993) (internal quotation marks omitted). “The general principle of Rule 56(f) is that summary judgment should be refused where the nonmoving party has not had the opportunity to discover information that is essential to his opposition.” Price v. W. Res., Inc., 232 F.3d 779, 783 (10th Cir.2000) (internal quotation marks omitted). Rule 56(f) does not require, however, that summary judgment not be entered until discovery is complete. See id. at 784.

“Rule 56(f) is not a license for a fishing expedition.” Lewis v. Ft. Collins, 903 F.2d 752, 758 (10th Cir.1990). To invoke rule 56(f) the party filing the affidavit must state with specificity how the desired time would allow it to meet its burden in opposing summary judgment. See Jensen v. Redevelopment Agency of Sandy City, 998 F.2d at 1554. Rule 56(f) may not be invoked based solely upon the assertion that discovery is incomplete or that specific facts necessary to oppose summary judgment are unavailable. See id. The Tenth Circuit has summarized rule 56(f)’s requirements as follows:

A prerequisite to granting relief pursuant to Rule 56(f) is an affidavit furnished by the nonmovant. Although the affidavit need not contain evidentiary facts, it must explain why facts precluding summary judgment cannot be presented. This includes identifying the probable facts not available and what steps have been taken to obtain these facts. In this circuit, the nonmovant also must explain how additional time will enable him to rebut movant’s allegations of no genuine issue of fact.

Price v. W. Res., Inc., 232 F.3d at 783 (internal quotation marks, citations, and brackets omitted). “A rule 56(f) affidavit must state, with specificity, what additional discovery is believed necessary.” Schaefer v. Antill, 2007 WL 709046 at *10 (D.N.M.) (Browning, J.)(citing Burke v. Utah Transit Auth. and Local 382, 462 F.3d 1253, 1264 (10th Cir.2006) and Chavez v. Perry, 142 Fed.Appx. 325, 334 (10th Cir.2005)).

The affidavit Duprey’s attorney has executed requests that the Court allow him to “explore[ ]” facts regarding Park’s involvement in the grievance hearing, and mentions a belief that discovery would “reveal details about the involvement of Defendants Hatcher and Park in the matters surrounding the erasure or other spoliation” of the grievance-hearing record from November 16, 2007. Montoya Aff. ¶¶ 4 & 6, at 1-2. These requests are the most specific ones that Mr. Montoya has included in his affidavit. These requests, however, are generalizations, and give no hint of what specific information he seeks or how the information would create a genuine issue of material fact. In addition, a rule 56(f) affidavit is not properly granted to explore. While rule 56(f) requests “should be liberally treated,” Jensen v. Redevelopment Agency of Sandy City, 998 F.2d at 1553, the rule “is not a license for a fishing expedition,” Lewis v. Ft. Collins, 903 F.2d at 759. The Court views a request to “explore” as an invitation to allow Duprey to conduct a fishing expedition. Rather than explaining what evidence Duprey might possibly uncover that could create a genuine issue of material fact, Mr. Montoya’s affidavit provides only a general indication that further discovery is needed. Rule 56(f) requires more.

Accordingly, the Court finds that Mr. Montoya’s affidavit fails to provide the requisite specificity. The Court therefore declines to allow the requested discovery before ruling on the motion for summary judgment. The Court will instead proceed to decide the issues raised in Hatcher and Park’s motion.

II. THE COURT WILL DISMISS ANY TITLE VII AND FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT CLAIMS AGAINST PARK AND HATCHER.

Park and Hatcher assert that, under longstanding circuit precedent, the relief available under Title VII is available against employers, and not against supervisors and other employees. See Memo. at 2. See Haynes v. Williams, 88 F.3d 898, 899 (10th Cir.1996) (“The relief granted under Title VII is against the employer, not individual employees whose actions would constitute a violation of the Act.”). The Defendants argue that the same applies to the claims against Hatcher and Park for alleged violations of the Federal Age Discrimination in Employment Act.

In her response, Duprey conceded: “Plaintiff concurs that Counts I and III do sound against the entity employer only and do not present claims against individuals.” Response at 1. The Court agrees that Hatcher and Park are not amenable to individual liability on Counts I and III of the Complaint. Accordingly, at the hearing, the Court agreed to dismiss the Title VTI claim and the claim under the Federal Age Discrimination in Employment Act claim against Hatcher and Park.

III. PARK, IN HER ACTS IN RECORDING THE JUDICIAL GRIEVANCE BOARD PROCEEDINGS, WAS NOT ACTING IN A QUASI-JUDICIAL CAPACITY AND IS THEREFORE NOT ENTITLED TO ABSOLUTE IMMUNITY.

At the hearing, the Court indicated to the parties that its ruling on Park’s immunity defense might turn on how the Court rules in the ease of Defendant the Honorable Eugenio S. Mathis. See Tr. at 47:17-25 (Court). The Court ultimately held that Mathis was entitled to immunity because, as chairperson of the grievance board, his role was similar to that of a judicial officer or an administrative law judge in a quasi-judicial setting. After careful consideration, however the Court believes that, while Mathis was entitled to immunity, Park did not play a judicial or similar role that would entitle her to immunity.

To evaluate a claim of quasi-judicial immunity, the Tenth Circuit has articulated a test which states that, for an official at an administrative hearing to enjoy absolute immunity, “ ‘(a) the officials’ functions must be similar to those involved in the judicial process, (b) the officials’ actions must be likely to result in damages lawsuits by disappointed parties, and (c) there must exist sufficient safeguards in the regulatory framework to control unconstitutional conduct.’ ” Guttman v. Khalsa, 446 F.3d at 1033 (quoting Horwitz v. State Bd. of Med. E