Case: 10-60095 Document: 00511604120 Page: 1 Date Filed: 09/15/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 15, 2011
No. 10-60095 Lyle W. Cayce
Clerk
GEORGE DULIN,
Plaintiff - Appellant
v.
BOARD OF COMMISSIONERS OF THE
GREENWOOD LEFLORE HOSPITAL,
Defendant - Appellee
Appeal from the United States District Court
for the Northern District of Mississippi
Before BARKSDALE, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:
ON PETITION FOR REHEARING
The petition for rehearing is GRANTED. We WITHDRAW our earlier
opinion, Dulin v. Board of Commissioners of Greenwood Leflore Hospital, 646
F.3d 232 (5th Cir. 2011), in its entirety, and substitute the following:
We have reconsidered our opinion in the light of the Supreme Court’s
holding in Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 148
(2000) that a “plaintiff’s prima facie case [of discrimination], combined with
sufficient evidence to find that the employer’s asserted justification [for
termination] is false, may permit the trier of fact to conclude that the employer
Case: 10-60095 Document: 00511604120 Page: 2 Date Filed: 09/15/2011
No. 10-50614
unlawfully discriminated.” Upon reconsideration, we now conclude that there
is a triable issue of fact that requires a jury to decide fact and credibility issues.
See id. at 150 (“Credibility determinations, the weighing of the evidence, and the
drawing of legitimate inferences from the facts are jury functions, not those of
a judge.” (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986))
(internal quotation marks omitted)). We hold that the district court reversibly
erred in granting judgment as a matter of law under Federal Rule of Civil
Procedure 50(a) to the Board of Commissioners on Dulin’s claim under 42 U.S.C.
§ 1981. Consequently, the judgment of the district court is VACATED, and the
case is REMANDED for further proceedings consistent with this order.
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