Carter v. Castillo

U.S. Court of Appeals for the Fifth Circuit

Carter v. Castillo

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

01-10466 Summary Calendar __________________

DONALD CARTER, JR; DONALD ARTIS

Plaintiffs - Appellants

v.

AURELIO CASTILLO, Constable and Individually and in his Official Capacity, DALLAS COUNTY, TEXAS

Defendants

DALLAS COUNTY, TEXAS

Defendant-Appellee

______________________________________________

Appeal from the United States District Court for the Northern District of Texas 3:99-CV-47-X ______________________________________________ December 14, 2001

Before DAVIS, BENAVIDES and STEWART, Circuit Judges.

PER CURIAM:*

Donald Carter, Jr. and Donald Artis, Deputy Constables in

Dallas County, Texas, brought suit in the district court alleging

(1) racial discrimination and retaliation in violation of Title VII

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. of the Civil Rights Act of 1964; (2) retaliation in violation of

their First Amendment rights; (3) violation of the Texas

Whistleblower Act; and (4) a state law claim of intentional

infliction of emotional distress. In a well-reasoned and thorough

opinion, the district court granted summary judgment disposing of

all claims against the defendant-appellee, Constable Aurelio

Castillo and defendant-appellee Dallas County, Texas. Since filing

their appeal, the appellants have dismissed their appeal against

Constable Castillo and their appeal now concerns only Dallas

County, Texas.

Appellants’ brief is indeed brief and sparse. Even when

liberally construed, it complains only of the district court

rulings on their Title VII racial discrimination claims. All other

claims are not briefed and therefore not properly before us for

review. With respect to the Title VII discrimination claims, we

find no error in the district court rulings. We affirm for the

reasons set out in the Memorandum Opinion and Order of the district

court dated February 7, 2001.

AFFIRMED

2

Reference

Status
Unpublished