Klaimon v. Cigna Companies

U.S. Court of Appeals for the Fifth Circuit

Klaimon v. Cigna Companies

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-30250 Summary Calendar

STEPHEN A. KLAIMON

Plaintiff - Appellant

versus

CIGNA COMPANIES, ET AL

Defendants

INSURANCE COMPANY OF NORTH AMERICA

Defendant - Appellee

- - - - - - - - - - - - - - - - - - - - -

STEPHEN A. KLAIMON

Plaintiff - Appellant

versus

INSURANCE COMPANY OF NORTH AMERICA

Defendant - Appellee

No. 97-30375 Summary Calendar

STEPHEN A. KLAIMON

Plaintiff - Appellant

versus

CIGNA COMPANIES, ET AL Defendants

INSURANCE COMPANY OF NORTH AMERICA

Defendant - Appellee

- - - - - - - - - - - - - - - - - - - - -

STEPHEN A. KLAIMON

Plaintiff - Appellant

versus

INSURANCE COMPANY OF NORTH AMERICA

Defendant - Appellee

Appeals from the United States District Court for the Eastern District of Louisiana (95-CV-3597-J & 96-CV-3457-J)

February 19, 1998

Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:*

Stephen A. Klaimon appeals from summary judgment orders

entered against him on his Title VII and negligent and intentional

infliction of emotional distress claims, as well as from an adverse

jury verdict on a defamation claim. We affirm.

The district court properly entered summary judgment against

Klaimon on his Title VII claim. As we have long stressed, the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

2 filing of a charge with the EEOC is a prerequisite to instituting

a Title VII action in federal court. See National Ass’n of Govern.

Emp. v. City Pub. Serv. Bd.,

40 F.3d 698, 711

(5th Cir. 1994).

Klaimon makes conclusory allegations that he pursued relief

administratively, yet he produced no record evidence to that

effect. Nor has he demonstrated an equitable entitlement to relief

from the administrative exhaustion requirement. Accordingly, his

Title VII claim is barred.

Likewise, the district court properly granted summary judgment

against Klaimon on his intentional and negligent infliction of

emotional distress claims. Klaimon’s complaint did not allege so

egregious a course of conduct on the part of the defendant to

satisfy Louisiana’s strict standards for employment-related

intentional infliction of emotional distress claims. See Booth v.

Intertrans Corp.,

1995 WL 324631

, at *17 (E.D. La. May 26, 1995).

Similarly, Klaimon has failed to demonstrate how his negligent

infliction of emotional distress claim is not barred by Louisiana’s

workers’ compensation scheme. See La. R.S. 23:1032.

Finally, Klaimon raises a number of challenges to the district

court’s discovery rulings and the outcome of the trial. We find

that the district court did not abuse its discretion in making its

discovery orders. See Krim v. BancTexas Group, Inc.,

989 F.2d 1435, 1441

(5th Cir. 1993). Klaimon’s complaints about the jury

verdict are largely unsupported by record evidence or legal

3 argument and accordingly are without merit. See Yohey v. Collins,

985 F.2d 222, 225

(5th Cir. 1993).

AFFIRMED.

4

Reference

Status
Unpublished