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STATE OF MICHIGAN COURT OF APPEALS TERRANCE ROACHE, UNPUBLISHED October 27, 1998 Plaintiff-Appellant, v WAYNE COUNTY SHERIFF’S DEPARTMENT, LT.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. -1­ 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 -2­