Morris v. Town of Independence, No. 15-30986 (5th Cir. 2016)Annotate this Case
Plaintiff filed suit against the Town and Mayor Ragusa, alleging a claim of racial discrimination under 42 U.S.C. 1981. The district court granted summary judgment for defendants. The court held that plaintiff has failed to make a prima facie case of discrimination where plaintiff has offered no evidence that the comparator, or any other employee, was retained despite performance concerns. To the extent that the Sixth Circuit’s requirement that the differences between a plaintiff and proffered comparators be relevant to the challenged employment action differs from the law in this circuit, about which the court expressed no opinion, plaintiff has not made the requisite showing. The court also concluded that to the extent plaintiff's claims are intended to support a failure-to-train or failure-to-promote cause of action, they are deemed abandoned. Plaintiff has failed to identify any Town employees that received training or promotions while plaintiff did not. Accordingly, the court affirmed the judgment.