Thomas v. Johnson, No. 14-41085 (5th Cir. 2015)
Annotate this CasePlaintiff, a probationary Border Patrol agent, filed suit against the Department, alleging that he had been unlawfully terminated because of his race and color. The court concluded that, even assuming that plaintiff established a prima facie case of discrimination, the government has asserted a legitimate, non-discriminatory reason for plaintiff's termination, lack of candor. Plaintiff failed to show that the Department's decision was made in bad faith and there is no evidence of disparate treatment. Finally, the court rejected plaintiff's claim that he was similarly situated to permanent Border Patrol agents who were present at the Checkpoint at issue. Accordingly, the court affirmed the district court's grant of summary judgment in favor of the Department.
The court issued a subsequent related opinion or order on June 4, 2015.
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