McClendon v. Smith

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ________________________ No. 97-30850 Summary Calendar ________________________ BETTY P. McCLENDON, Plaintiff-Appellant, versus RANDY SMITH; CLEO CRUTCHFIELD; THE BOGALUSA HOUSING AUTHORITY, Defendants-Appellees. _________________________________________________________________________________ Appeal from the United States District Court for the Eastern District of Louisiana (96-CV-4054-N) ________________________________________________________________________________ April 21, 1998 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* The appellant, Betty McClendon, a white female, appeals the district court’s entry of summary judgment against her on her claims against her employer, the Bogalusa Housing Authority, Randy Smith, a white male who is the director of the Housing Authority, and Cleo Crutchfield, an African- American male who is the chairman of the Housing Authority. In her complaint, McClendon argues that the defendants have engaged in a prolonged campaign to replace her with an African-American employee. In support of her claim, McClendon has advanced the following arguments: 1) she claims that since Smith became director, almost all personnel hired by the Housing Authority have been African-American; 2) she claims that the defendants arranged for a resident of the Housing Authority to attack her in her office; 3) she claims that Smith, in an attempt to frighten her into resigning, has * Pursuant to 5TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR. R. 47.5.4. ordered that a security door, apparently installed after the aforementioned assualt, be tied open; 4) she claims that she has been ignored and denied the opportunity to do meaningful work because she is white; and 5) she claims that she was denied the Civil Service position of “administrative secretary,” a position that apparently has never existed at the Housing Authority, because she is white. Plaintiff asserts four claims in her complaint: 1) a claim under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and 42 U.S.C. § 1983 based on the defendants’ alleged racial discrimination; 2) a substantive due process claim under § 1983 based on the Housing Authority’s alleged policy of “intimidation and social isolation”; 3) a claim for intentional infliction of emotional distress under Louisiana law; and 4) a state law claim for retaliation for asserting a right secured by Lousiana law. After a de novo review of the record, we affirm for essentially the same reasons set forth by the district court in its Order and Reasons, dated July 31, 1997. AFFIRMED. 2