Professional Documents
Culture Documents
No. 10-2030
LESIA MCCOLLOUGH,
Plaintiff - Appellant,
v.
THE TOWN OF SOUTHERN PINES; JOHN LETTENEY, in his official
capacity as Chief of Police and in his individual capacity,
Defendants - Appellees,
and
REAGAN PARSONS, in his official capacity as Town Manager and
in his individual capacity,
Defendant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., District Judge. (1:09-cv-00192-WO-WWD)
Submitted:
Decided:
PER CURIAM:
Lesia
McCollough
appeals
the
district
courts
order
and
Chief
of
Police
John
Letteney,
she
established
prima
and
dismissing
her
facie
case
of
discrimination,
Finding no
error, we affirm.
We review a district courts grant of summary judgment
de novo, viewing the facts and the reasonable inferences drawn
therefrom in the light most favorable to the nonmoving party.
Emmett v. Johnson, 532 F.3d 291, 297 (4th Cir. 2008); see also
Anderson
v.
Liberty
Lobby,
Inc.,
477
U.S.
242,
255
(1986).
dispute
as
to
any
material
fact
and
the
movant
is
Fed. R. Civ. P.
summary
judgment,
the
nonmoving
party
must
demonstrate
that
297.
Title VII of the Civil Rights Act of 1964, as amended,
prohibits discriminat[ion] against any individual with respect
to
h[er]
compensation,
employment,
because
of
terms,
such
conditions,
individuals
or
.
privileges
of
42
sex.
establishing
demonstrates
that
prima
the
facie
employers
case
proffered
of
discrimination,
permissible
reason
Co., 416 F.3d 310, 318 (4th Cir. 2005) (internal quotation marks
and brackets omitted).
the
McDonnell
burden
Tex.
of
Douglas
persuasion
Dept
of
Cmty.
burden-shifting
scheme,
remains
on
the
plaintiff
Affairs
v.
Burdine,
450
the
at
ultimate
all
U.S.
times.
248,
253
(1981).
Our review of the record leads us to conclude that
McCollough
failed
to
establish
prima
facie
case
that
507,
1993)
511
(4th
discriminatory
Cir.
(discussing
discipline).
prima
Likewise,
facie
we
case
conclude
of
that
to
her
1983
claim
against
Chief
Letteney.
See
Holder v. City of Raleigh, 867 F.2d 823, 828 (4th Cir. 1989)
(Our
analysis
with
respect
to
Title
VII
also
governs
Because McCollough
U.S.
603,
609
(1999)
(A
court
evaluating
claim
of
established
at
the
time
of
the
alleged
violation.)
are
adequately
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED