IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30093
(Summary Calendar)
STACY BATISTE,
Plaintiff-Appellant,
versus
CONN APPLIANCES, INC.,
Defendant-Appellee.
Appeal from the United States District Court
For the Western District of Louisiana
(95-CV-2226)
October 24, 1997
Before Wiener, Barksdale, and Emilio M. Garza, Circuit Judges.
PER CURIAM:*
In this employment discrimination case filed pursuant to Title
VII,1 Plaintiff-Appellant Stacy Batiste contests the district
court’s grant of summary judgment in favor of Defendant-Appellee
*
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
1
Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq.
Conn Appliances, Inc., finding that no reasonable juror could
conclude that Batiste was fired because of his race. Even
accepting the district court’s generous arguendo assumption that
Batiste established a prima facie case,2 our review of the record
and briefs of the parties satisfies us that the ruling of the
district court in granting Conn’s motion for summary judgment of
dismissal was correct. In our de novo review we find that no
genuine issues of material fact exist. Accordingly, the district
court’s summary judgment is
AFFIRMED.
2
To establish a prima facie case in a typical disparate
treatment discharge case, the plaintiff must show that: (1) he is
a member of a protected group; (2) he was qualified for the job
formerly held; (3) he was discharged; and (4) after his discharge,
the position that he held was filled by someone not within his
protected class. Singh v. Shoney’s Inc., 64 F.3d 217, 219 (5th
Cir. 1995); Vaughn v. Edel, 918 F.2d 517, 521 (5th Cir. 1990). We
note in passing that in this individual employment action
conclusionally alleging disparate treatment but not advancing a
theory of hostile work environment or termination in connection
with a reduction in force, the absence of allegations or evidence
that Batiste’s position was filled by someone who is not a member
of the protected class was likely fatal to establishing a prima
facie case.
2