Florence v. Henderson

U.S. Court of Appeals for the Fifth Circuit

Florence v. Henderson

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-10375 Summary Calendar

GERALD G. FLORENCE,

Plaintiff-Appellant,

VERSUS

WILLIAM J. HENDERSON, U.S. Postal Service Postmaster General,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Texas (3:95-CV-1396-D)

January 20, 2000

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:*

Florence filed this suit against the Postmaster General

seeking damages for transferring him involuntarily to what he

considered an undesirable work location. Florence alleged that the

Postal Service transferred him for two reasons: (l) because he was handicapped and (2) in retaliation for filing Equal Employment

Opportunity complaints. Following a bench trial, the district

court found that the Postal Service did not transfer Florence for

either of these reasons. To the contrary, the court found that the

transfer was made to balance work loads among employees and for

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. budgetary considerations. These findings are amply supported by

the record and are not clearly erroneous.

The judgment of the district court is therefore

AFFIRMED.

2

Reference

Status
Unpublished