Vernell Lloyd v. New Hanover Regional Medical C

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:06-cv-00130-D Copies to all parties and the district court/agency. [998466011] [09-1491]

Vernell Lloyd v. New Hanover Regional Medical C

Doc. 0

Case: 09-1491 Document: 41

Date Filed: 11/16/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1491 VERNELL B. LLOYD, Plaintiff - Appellant, v. NEW HANOVER REGIONAL MEDICAL CENTER, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (7:06-cv-00130-D) Argued: October 27, 2010 Decided: November 16, 2010

Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. ARGUED: Geraldine Sumter, FERGUSON, STEIN, CHAMBERS, GRESHAM & SUMTER, PA, Charlotte, North Carolina, for Appellant. James Bernard Spears, Jr., OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC, Charlotte, North Carolina, for Appellee. ON BRIEF: Lindsay M. Peed, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 09-1491 Document: 41

Date Filed: 11/16/2010

Page: 2

PER CURIAM: Vernell B. Lloyd, an African American registered nurse,

brought this action against her former employer, New Hanover Regional Medical Center. Lloyd alleges that the medical center

discriminated against her and terminated her employment because of her race and in retaliation for her protected activity in violation of Title VII, 42 U.S.C. § 2000e et seq. (2006) and 42 U.S.C. § 1981 (2006). She also alleges state law claims. The

district court granted the medical center summary judgment on all of Lloyd's claims. We affirm.

I. In May 2004, after Lloyd had worked in various units within the medical center for approximately twenty years, she

transferred to a new unit.

Lloyd began experiencing performance In March

problems for which her supervisors disciplined her.

2007, Lloyd unsuccessfully sought a promotion in this same unit. Her record of discipline made her ineligible for promotion under the medical center's written promotion policy. In May 2007, the medical center's chief nurse executive, Mary Ellen Bonczek, transferred Lloyd to another unit to give her a "fresh start" with new managers and coworkers. Lloyd experienced performance problems. supervisor, Barbara Buechler, 2 after Again,

On July 5, 2007, her issuing Lloyd several

Case: 09-1491 Document: 41

Date Filed: 11/16/2010

Page: 3

progressive discharge

disciplinary Lloyd.

measures, accepted

recommended the

that

Bonczek and

Bonczek

recommendation

terminated Lloyd's employment.

Throughout her tenure on both

units, Lloyd filed various grievances with the medical center alleging that her employer mistreated her because of her race. Lloyd contends that the medical center took disciplinary measures against her, failed to promote her, and terminated her employment because of her race and in retaliation for filing multiple grievances.

II. The district court carefully considered the facts in the record and concluded that Lloyd failed to demonstrate a genuine issue of material fact that the medical center's proffered

reasons for terminating her employment and failing to promote her were pretextual. As to her termination claim, the district

court concluded that Lloyd offered no evidence that "Buechler's honest belief concerning Lloyd's discipline and performance In

problems" was pretext for discrimination or retaliation.

regard to Lloyd's failure to promote claim, the district court found that Lloyd failed to raise a genuine issue of material fact that the medical center's discipline rule, which made Lloyd ineligible court also for the promotion, that was pretextual. to The district a prime

concluded

Lloyd 3

failed

establish

Case: 09-1491 Document: 41

Date Filed: 11/16/2010

Page: 4

facie case of discriminatory discipline because she failed to "show that she was similarly situated with a comparator who

received less severe discipline from the same supervisor for essentially the same conduct." In light of these rulings, the

district court also granted summary judgment on Lloyd's state law claims for negligent retention and supervision. 1 Lloyd filed a timely appeal. judgment de novo, examining the We review a grant of summary facts in the light most

favorable to the nonmoving party. 125, 129 (4th Cir. 2001).

Anderson v. Russell, 247 F.3d

III. After having the benefit of oral argument and carefully reviewing the briefs, record, and controlling legal authorities, we conclude that the district court's analysis was correct. 2

Accordingly, we affirm on the basis of the district court's well reasoned opinion. See Vernell B. Lloyd v. New Hanover Regional

Medical Center, No. 7:06-CV-130-D (E.D.N.C. Mar. 31, 2009).

AFFIRMED In addition, the district court granted summary judgment on Lloyd's claim of "hostile work environment on the basis of retaliation." Lloyd does not challenge this ruling on appeal. Lloyd also challenges certain evidentiary rulings of the district court; we find no error in those rulings. 4
2 1