Case: 12-15546 Date Filed: 08/06/2013 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
___________________________
No. 12-15546
Non-Argument Calendar
___________________________
Docket No. 4:10-cv-00308-JRH-GRS
DEATIA J. MCFARLIN,
Plaintiff-Appellant,
versus
STATE BOARD OF TECHNICAL
AND ADULT EDUCATION,
TECHNICAL COLLEGE SYSTEM OF GEORGIA,
et al.,
Defendants-Appellees.
______________________________
Appeal from the United States District Court
for the Southern District of Georgia
_______________________________
(August 6, 2013)
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Before WILSON, ANDERSON, and EDMONDSON, Circuit Judges.
PER CURIAM:
Deatia McFarlin, an instructor at the Savannah Technical College, appeals
from the district court’s grant of summary judgment in favor of defendants in her
employment suit under 42 U.S.C. § 2000e-2(a)(1) and 42 U.S.C. § 1983. The
appeal presents this issue:
Whether the district court erred in granting summary judgment against
McFarlin on her race discrimination claims challenging her (a) placement on
disciplinary leave; and (b) termination of employment.
The case was decided under the familiar McDonnell Douglas framework.
McFarlin failed to establish a prima facie case that her placement on “leave” was
based on racial discrimination, as she failed to show sufficiently that similarly
situated employees were treated more favorably than she. Even if she had
established a prima facie case, McFarlin did not carry her burden to show
sufficiently that the proffered nondiscriminatory reasons for her placement on
leave, including her perceived insubordination, were mere pretexts. Even if
McFarlin established a prima facie case that her termination was discriminatory,
she did not show sufficiently that the proffered reasons for her termination,
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specifically the receipt of several student complaints and her perceived
unwillingness to improve, were pretextual.
The courts do not decide about the wisdom of the employer’s decisions.
And an employer’s own perception of events is important. Therefore, the district
court, given the evidence in this record and lack of evidence, did not err in granting
summary judgment in favor of defendants.
AFFIRMED.
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