Travis Thomas v. Michael Tregre
Opinion
Travis Thomas, a former deputy in St. John the Baptist Parish, Louisiana, appeals the district court's order granting summary judgment on his race discrimination and retaliation claims. For the reasons set forth below, we AFFIRM the district court's judgment.
I. BACKGROUND
Thomas, an African-American man, worked as a deputy in the St. John the Baptist Parish Sheriff's Office (the "Sheriff's Office") from July 1, 2012, to April 7, 2015. Sheriff Michael Tregre, also an African-American man, was at all relevant times the chief law enforcement officer of the parish. 1
While working in the narcotics division of the Sheriff's Office in February 2014, Thomas took part in an operation that led to the arrest of criminal suspect Darnell Randle. Thomas later informed Major Walter Chappel, then the commanding officer of the narcotics division, that blood found on the floor of the scene belonged to Randle. Thomas also told Chappel he saw fellow officer Justin Bordelon striking Randle. Another officer, Hardy Schexnayder, also reported that he saw Bordelon strike Randle. Bordelon denied using force to intentionally injure Randle. Schexnayder and Chappel are African-American. Bordelon is Caucasian.
The internal affairs division of the Sheriff's Office opened an investigation into the Randle incident. Captain C.J. Destor, who is Caucasian, conducted the investigation. Both Chappel and an African-American detective named Jonathan Rivet corroborated Thomas and Schexnayder's testimony during the investigation, stating that they personally observed Bordelon use force against Randle. But Randle told Destor that Thomas and Schexnayder, not Bordelon, were the officers who beat him.
Thomas, Schexnayder, and Bordelon all took polygraph tests during the investigation. The polygraph results indicated that Bordelon was truthful and Schexnayder was lying. Thomas's test results were inconclusive. Given the parties' numerous conflicting statements, Tregre did not find that any officer's version of events was decisive. He thus decided not to take any disciplinary action against any of the officers.
Tregre asserts that about a year later, the local district attorney's office told him its attorneys were filing motions in limine *461 to exclude evidence from the Randle investigation, including polygraph results, in cases involving Thomas and Schexnayder. Tregre believed this was an issue, so he attempted to transfer Thomas and Schexnayder in March 2015 to positions in the corrections department, which Tregre believed were less likely to result in arrests. 2 Tregre did not transfer Bordelon. Schexnayder accepted the transfer and became a courtroom deputy. Thomas decided to terminate his employment immediately rather than accept a transfer.
In the meantime, Randle sued Tregre, Thomas, Schexnayder, and Bordelon, alleging excessive force. The case went to trial in December 2015. The jury found that neither Thomas nor Schexnayder was liable.
After the jury verdict, Tregre reassigned Schexnayder to an enforcement position and gave him back pay. Thomas never applied to resume work at the Sheriff's Office. Instead, he filed a complaint with the Equal Employment Opportunity Commission ("EEOC") in August 2015. Thomas asserts that he later asked Tregre in person about reinstatement in January 2016. Thomas's attorneys also sent a settlement letter to Tregre in January 2016 requesting (1) "re-instatement at the rank of Sergeant, with a recommendation that he be assigned to the U.S. Marshal Task Force," (2) back pay and benefits, and (3) costs and attorney fees. Tregre has not rehired Thomas.
After going through the EEOC, Thomas filed suit against Tregre in district court, alleging racial discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Both Thomas and Tregre moved for summary judgment. The district court denied Thomas's motion and granted Tregre's motion on April 12, 2018, concluding that Thomas had failed to establish a prima facie case of either race discrimination or retaliation. Thomas now appeals.
II. STANDARD OF REVIEW
We review a district court's "grant of a motion for summary judgment de novo, applying the same standard as the district court."
Howell v. Town of Ball
,
III. DISCUSSION
A. Race Discrimination
Thomas first asserts that Tregre discriminated against him due to his race. Title VII of the Civil Rights Act makes it unlawful "for an employer ... to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a).
A Title VII plaintiff bears the initial burden of establishing a prima facie case of racial discrimination, after which the burden shifts to the employer to show "some legitimate, nondiscriminatory reason" for the challenged actions.
McDonnell Douglas Corp. v. Green
,
(1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered some adverse employment action by the employer; and (4) was replaced by someone outside his protected group or was treated less favorably than other similarly situated employees outside the protected group.
McCoy v. City of Shreveport
,
Thomas has failed to create a genuine fact issue regarding the fourth prong of his racial discrimination claim. The internal investigation exonerated Bordelon, while concluding that Thomas should be "severely reprimanded" or even terminated because his "credibility ha[d] been destroyed for future court cases." Thomas and Bordelon were thus not similarly situated when Tregre attempted to transfer Thomas.
See
Morris v. Town of Independence
,
Thomas contends that he and Bordelon were similarly situated not at the time of the transfer, but at the beginning of the Randle investigation-which he argues was itself discriminatory. Thomas notes that the African-American officers present at the scene all stated that Bordelon had used force against Randle. The only person who reported that Thomas and Schexnayder used force on Randle was Randle himself. Thomas implies that Randle was not a reliable witness, as he underwent a drug test in connection with his statements during which he tested positive for cocaine and marijuana. Randle was not polygraphed due to the drugs in his system. On the other hand, the investigation concluded that his recall of events was too detailed on other matters "for him not to remember who beat him up." Thomas does not explain how, given the parties' conflicting stories (not to mention the contrary polygraph results), accepting Randle's version of events qualified as racial discrimination. He has thus not created a genuine issue of material fact with respect to
*463
whether he was "treated less favorably than other similarly situated employees outside the protected group."
McCoy
,
Nor has Thomas raised a genuine issue of material fact as to whether he was replaced with someone outside his protected class.
See
B. Retaliation
Thomas next asserts that Tregre retaliated against him by refusing to reinstate him after he filed a complaint with the EEOC. To establish a prima facie retaliation claim, Thomas must show that: "(1) he participated in an activity protected by Title VII; (2) his employer took an adverse employment action against him; and (3) a causal connection exists between the protected activity and the adverse employment action."
First, Thomas has not raised a genuine fact issue regarding whether Tregre "took an adverse employment action against him."
In the context of failure-to-promote claims, we have held that a plaintiff asserting such a claim must show that "he applied for" the position sought.
Jenkins v. La. Workforce Comm'n
,
Additionally, even if Thomas presented some evidence of an application, he presents no evidence showing a causal connection between his filing an EEOC complaint and Tregre's refusal to rehire him. Indeed, the evidence shows that Tregre has at least once recommissioned an employee who previously filed an EEOC complaint against him. Thomas has thus failed to create a genuine issue of material fact with respect to both the second and third prongs of his retaliation claim.
IV. CONCLUSION
For the foregoing reasons, we AFFIRM the judgment of the district court.
Thomas sued Tregre in his official capacity as Sheriff of St. John the Baptist Parish.
Tregre's explanations for transferring Thomas and Schexnayder are somewhat inconsistent. Tregre first claimed he transferred Thomas and Schexnayder after the district attorney told him she would no longer accept their testimony in criminal cases due to their polygraph results. But the district attorney stated in a sworn affidavit that she did not tell Tregre she would not accept Thomas's testimony due to his polygraph results. Tregre later stated that the district attorney's office advised him that "the results of the internal affairs investigation would result in the D.A.'s Office having problems prosecuting cases wherein [Thomas] and Deputy Schexnayder were witnesses." Tregre also said he recognized that "[t]he polygraph [couldn't] be used," but that he transferred Schexnayder and Thomas "to clear [the] matter up and to ... stop the tension" in the narcotics division. Nevertheless, because we hold that there is no genuine issue of material fact as to whether Thomas has made a prima facie case of discrimination, we do not reach Tregre's explanations for the transfer.
See
McCoy v. City of Shreveport
,
Thomas does not explicitly argue that Boudreaux replaced him in connection with his racial discrimination claim. Nevertheless, out of an abundance of caution, we address the point here.
"An unpublished opinion issued after January 1, 1996 is not controlling precedent, but may be persuasive authority."
Ballard v. Burton
,
Several of our sister circuits have similarly recognized that a plaintiff asserting retaliatory failure to hire must have applied for the position at issue.
See, e.g.
,
Volling v. Kurtz Paramedic Servs., Inc.
,
A plaintiff alleging failure to promote who did not apply for the position at issue must "show that such an application would have been a futile gesture."
Jenkins
,
Reference
- Full Case Name
- Travis THOMAS, Plaintiff - Appellant v. Michael TREGRE, Chief Law Enforcement Officer, St. John the Baptist Parish, Defendant - Appellee
- Cited By
- 121 cases
- Status
- Published