FERGUSON, et al v. CITY OF DURHAM

FERGUSON, et al v. CITY OF DURHAM

Case Number:	1:2001cv01122
Filed:	December 20, 2001
Court:	US District Court for the Middle District of North Carolina
Office:	Durham Office
Presiding Judge:	JAMES A. BEATY
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	42 U.S.C. § 1981 Job Discrimination (Race)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 2, 2009	Filing 62 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 2/2/2009, that on the basis of the analysis set out above, the Court finds that Plaintiff has failed to produce sufficient evidence of the third element of her pr ima facie case of retaliation, i.e., a causal link between her EEOC charge and her lateral transfer to the Budget Department. Further, even assuming a prima facie case, Plaintiff has failed to create a triable issue that the nondiscriminatory reason s articulated by Defendant were pretext for retaliation. Accordingly, summary judgment should now be entered in favor of Defendant on the sole claim remaining for determination in this case. A final judgment should be entered dismissing this case with prejudice. (Lloyd, Donna)

Date Filed

Document Text

February 2, 2009

Filing 62 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 2/2/2009, that on the basis of the analysis set out above, the Court finds that Plaintiff has failed to produce sufficient evidence of the third element of her pr ima facie case of retaliation, i.e., a causal link between her EEOC charge and her lateral transfer to the Budget Department. Further, even assuming a prima facie case, Plaintiff has failed to create a triable issue that the nondiscriminatory reason s articulated by Defendant were pretext for retaliation. Accordingly, summary judgment should now be entered in favor of Defendant on the sole claim remaining for determination in this case. A final judgment should be entered dismissing this case with prejudice. (Lloyd, Donna)

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