Filed: Sep. 25, 2006
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS September 25, 2006 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 06-30057 Summary Calendar ROSA J DUPRE Plaintiff-Appellee, versus WEST BATON ROUGE SCHOOL BOARD Defendant-Appellant. Appeal from the United States District Court For the Middle District of Louisiana Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Plaintiff Rosa J. Dupre, a black woman, filed this action under Ti
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS September 25, 2006 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 06-30057 Summary Calendar ROSA J DUPRE Plaintiff-Appellee, versus WEST BATON ROUGE SCHOOL BOARD Defendant-Appellant. Appeal from the United States District Court For the Middle District of Louisiana Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Plaintiff Rosa J. Dupre, a black woman, filed this action under Tit..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
September 25, 2006
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-30057
Summary Calendar
ROSA J DUPRE Plaintiff-Appellee,
versus
WEST BATON ROUGE SCHOOL BOARD Defendant-Appellant.
Appeal from the United States District Court
For the Middle District of Louisiana
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Plaintiff Rosa J. Dupre, a black woman, filed this action
under Title VII against the West Baton Rouge Parish School Board,
claiming retaliation and discrimination based on race in violation
of 42 U.S.C. § 2000e-3 and § 2000e-2. Dupre alleges that she was
the most qualified applicant for the position of assistant
principal at Brusly Middle School, but was passed over in favor of
a white female because (1) of her race and (2) of her previously-
filed discrimination suit. The district court granted the School
*
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should not be published and is not precedent except under the limited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.
Board’s motion for summary judgment, finding no disputed issue of
material fact on the ultimate questions of discrimination or
retaliation. We affirm.
The Magistrate Judge’s report, which was adopted by the
district court, found that Dupre had established a prima facie case
on both her discrimination and retaliation claims. The report also
found, however, that the School Board had successfully rebutted
Dupre’s prima facie cases with evidence of a legitimate, non-
discriminatory reason for promoting Callie Kershaw, a while female,
instead of Dupre. The evidence showed that Callie Kershaw was
simply more qualified than Dupre, receiving a higher grade from
each hiring-committee member, including one member who was a black
woman.
Faced with this rebuttal, Dupre failed to offer sufficient
evidence to create a genuine issue of material fact either (1) that
the School Board’s reason was not true, but was instead a pretext
for discrimination, or (2) that the School Board’s reason, while
true, is only one of the reasons for its conduct, and that another
motivating factor was Dupre’s race. Rachid v. Jack in the Box,
Inc.,
376 F.3d 305, 312 (5th Cir. 2004). The judgment of the
district court is
AFFIRMED.
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