TERRANCE ROACHE V WAYNE CO SHERIFF'S DEPT
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STATE OF MICHIGAN
COURT OF APPEALS
TERRANCE ROACHE,
UNPUBLISHED
October 27, 1998
Plaintiff-Appellant,
v
WAYNE COUNTY SHERIFF’S DEPARTMENT,
LT. CZESNICK, JOHN WALKER and MALCOLM
THOMPSON,
No. 201710
Wayne Circuit Court
LC No. 95-530647 NO
Defendants-Appellees,
and
ALVIN COLEMAN,
Defendant.
Before: Whitbeck, P.J., and McDonald and T. G. Hicks*, JJ.
MEMORANDUM.
Plaintiff appeals as of right from an order entered in the trial court summarily dismissing plaintiff’s
racial, height and weight discrimination action brought pursuant to the Elliott-Larsen Civil Rights Act,
MCL 37.2101 et seq.; MSA 3.548(101) et seq. MCR 2.116(C)(10). We affirm.
Viewing the record documentation in favor of plaintiff and granting plaintiff the benefit of any
reasonable doubt, Horn v Dep’t of Corrections, 216 Mich App 58, 66; 548 NW2d 660 (1996),
plaintiff has failed to present documentation sufficient to create a genuine issue of material fact with
regard to whether he was treated differently than probationary employees of a different race who were
similarly situated. Meagher v Wayne State University, 222 Mich App 700, 709; 565 NW2d 401
(1997); Reisman v Regents of Wayne State University, 188 Mich App 526, 538; 470 NW2d 678
(1991); Bowerman v Malloy Lithographing, Inc, 171 Mich App 110, 115; 430 NW2d 742 (1988).
* Circuit judge, sitting on the Court of Appeals by assignment.
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Similarly, plaintiff has failed to present sufficient documentation to create a genuine issue of
material fact with regard to whether he was treated differently because of his height and weight or that
his height and weight played a role in determining his job assignments. Meagher, supra.
Affirmed.
/s/ William C. Whitbeck
/s/ Gary R. McDonald
/s/ Timothy G. Hicks
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