Filed: Mar. 04, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-30958 Summary Calendar CHARLES LOUIS EVANS, JR., Plaintiff-Appellant, versus NORTH STREET BOXING CLUB INC.; BEN D. JOHNSON, in his official capacity as an officer or director of North Street Boxing Club Inc.; BILLY L. WEST, JR., in his official capacity as Secretary and interim President of the Board of Directors of North Street Boxing Club Inc.; EDWARD WARD, JR, Individually and in his official capacity as Vice-President of Winn
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-30958 Summary Calendar CHARLES LOUIS EVANS, JR., Plaintiff-Appellant, versus NORTH STREET BOXING CLUB INC.; BEN D. JOHNSON, in his official capacity as an officer or director of North Street Boxing Club Inc.; BILLY L. WEST, JR., in his official capacity as Secretary and interim President of the Board of Directors of North Street Boxing Club Inc.; EDWARD WARD, JR, Individually and in his official capacity as Vice-President of Winnf..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30958
Summary Calendar
CHARLES LOUIS EVANS, JR.,
Plaintiff-Appellant,
versus
NORTH STREET BOXING CLUB INC.; BEN D. JOHNSON, in his official
capacity as an officer or director of North Street Boxing Club
Inc.; BILLY L. WEST, JR., in his official capacity as Secretary and
interim President of the Board of Directors of North Street Boxing
Club Inc.; EDWARD WARD, JR, Individually and in his official
capacity as Vice-President of Winnfield Life Insurance Co.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Louisiana
(99-CV-929)
March 1, 2002
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Charles Evans, Jr., appeals the district court’s grant of
summary judgment in favor of the various defendants in this Title
VII sexual harassment and hostile work environment case. We review
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
the district court’s grant of summary judgment de novo.1 The
district court’s grant of summary judgment was based on the
undisputed record evidence indicating that none of the defendants
are “employers” within the meaning of Title VII of the Civil Rights
Act of 1964.2 North Street Boxing Club did not have the requisite
15 employees to qualify as an employer.3 Therefore those
defendants affiliated with NSBC cannot be liable. Finally Edward
Ward, Jr., had no relevant relationship with NSBC. Evans’ other
arguments are meritless.
AFFIRMED.
1
Stucky v. City of San Antonio,
260 F.3d 424, 429 (5th Cir. 2001).
2
42 U.S.C. § 2000e(b).
3
Greenlees v. Eidenmuller Enterprises, Inc.,
32 F.3d 197, 198 (5th Cir.
1994).
2