Armstrong v. Catholic Charities

U.S. Court of Appeals for the Fifth Circuit

Armstrong v. Catholic Charities

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-30598 Summary Calendar

SARAH ARMSTRONG,

Plaintiff-Appellant,

VERSUS

CATHOLIC CHARITIES ARCHDIOCESE OF NEW ORLEANS, formerly known as Associated Catholic Charities,

Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of Louisiana (98-CV-1015-F)

December 22, 1999 Before SMITH, BARKSDALE and PARKER, Circuit Judges. PER CURIAM:*

Plaintiff Sarah Armstrong appeals the district court’s grant

of summary judgment for defendant Associated Catholic Charities

(“ACC”) in this Title VII employment discrimination case. We

affirm.

We review the grant of summary judgment de novo. See Armstrong

v. City of Dallas,

997 F.2d 62, 65

(5th Cir. 1993).

Armstrong, who is African-American was fired from her position

as a supervisor at the Kenner Adult Day Health Care Center, which

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 is an arm of ACC. Armstrong established a prima facie case of

discrimination. See McDonnell Douglas Corp. v. Green,

411 U.S. 792, 802

(1973). The burden therefore shifted to ACC, who

articulated a non-discriminatory reason for its decision, stating

that Armstrong was fired based on the report of two subordinates

that she directed a worker to withhold client care, using

disparaging language concerning the client. See

id.

Armstrong

attempted to create a fact issue on the question of whether ACC’s

articulated reason was pretextual by introducing evidence

concerning a white employee who made a disparaging remark about a

client and was not fired. See

id. at 804

. This evidence, standing

alone, does not create a fact question on pretext because the white

employee was not similarly situated; there is no evidence that the

white employee had supervisory responsibilities or that she

withheld care or instructed other employees to withhold care from

a client. See Krystek v. Univ. of S. Miss.,

164 F.3d 251, 257

(5th

Cir. 1999).

Finding no genuine issue of material fact in this record that

would preclude summary judgment for ACC, we affirm the grant of

summary judgment for essentially the reasons set out in the

district court’s opinion. See Armstrong v. Associated Catholic

Charities, 98-CV-1015-F, (E.D. LA. May 13, 1999)(unpublished).

AFFIRMED.

2

Reference

Status
Unpublished