UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-10962
Summary Calendar
VANESSA CLEMONS
Plaintiff-Appellant,
VERSUS
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, ET AL
Defendants,
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
(4:94-CV-695-E)
January 23, 1997
Before SMITH, DUHÉ and BARKSDALE, Circuit Judges.
PER CURIAM:1
Clemons appeals the summary judgment dismissal of her claim
against her employer, Texas Department of Protective and Regulatory
1
Pursuant to Local Rule 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
Services, that her dismissal was racially motivated.2 She brought
her claims under Title VII and 42 U.S.C. § 1983. The district
court ruled that Appellant had not created an issue of fact that
her dismissal was race related. Our review of the briefs and
record convince us that the district court did not err.
Even though we view the evidence and its reasonable
inferences in the light most favorable to Appellant, she has
created no issue of fact as to her prima facie case. Her dismissal
was based on an alleged violation of work rules. Appellant admits
that she did violate the rules and produces no evidence sufficient
to create a fact issue that white employees who violated work rules
were treated differently than she.
As an alternative to creating a prima facie case as to the
termination itself, Appellant argues that prior disciplinary
actions against her were the result of discriminatory action and
intent by her prior supervisor. That supervisor, however, had no
voice in Appellant’s termination so this would normally be
irrelevant. However those prior actions were considered in the
termination so their motivation could be germane. While Appellant
argues that in these prior incidents she was treated differently
than whites, she offers no credible and probative evidence of this.
AFFIRMED.
2
She appealed her dismissal through administrative procedures
with her employer which resulted in her reinstatement without loss
of pay or seniority.
2
3