TERRANCE ROACHE V WAYNE CO SHERIFF'S DEPTAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
October 27, 1998
WAYNE COUNTY SHERIFF’S DEPARTMENT,
LT. CZESNICK, JOHN WALKER and MALCOLM
Wayne Circuit Court
LC No. 95-530647 NO
Before: Whitbeck, P.J., and McDonald and T. G. Hicks*, JJ.
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.
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.
/s/ William C. Whitbeck
/s/ Gary R. McDonald
/s/ Timothy G. Hicks