Edward Gilmore v. Eric Holder
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cv-00789-LMB-IDD. Copies to all parties and the district court. [999557832]. [14-1726]
Appeal: 14-1726
Doc: 33
Filed: 04/02/2015
Pg: 1 of 6
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1726
EDWARD L. GILMORE,
Plaintiff - Appellant,
v.
ERIC HOLDER, in his official capacity as Attorney General
of the United States,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Leonie M. Brinkema,
District Judge. (1:13-cv-00789-LMB-IDD)
Submitted:
February 27, 2015
Decided:
April 2, 2015
Before WILKINSON, GREGORY, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Catherine M.A. Carroll, Eric Mahr, Amanda L. Major, Daniel
Aguilar, WILMER CUTLER PICKERING HALE AND DORR LLP, Washington,
D.C., for Appellant.
Dana J. Boente, United States Attorney,
Ayana N. Free, R. Joseph Sher, Assistant United States
Attorneys, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 14-1726
Doc: 33
Filed: 04/02/2015
Pg: 2 of 6
PER CURIAM:
Edward L. Gilmore appeals from the district court’s entry
of judgment under Fed. R. Civ. P. 50(a) in Defendant’s favor in
his civil action under Title VII of the Civil Rights Act of
1964,
as
amended,
42
U.S.C.
§§ 2000e—2000e-17
non-promotion on the basis of race.
(2012),
for
On appeal, Gilmore contends
that the district court reversibly erred in granting Defendant’s
post-trial Rule 50(a) motion for judgment as a matter of law and
abused its discretion in excluding evidence.
We affirm.
Rule 50(a) of the Federal Rules of Civil Procedure provides
that, in actions tried before a jury, a district court may grant
a motion for judgment as a matter of law against a party if the
party has been “fully heard” on an issue during trial and “a
reasonable jury would not have a legally sufficient evidentiary
basis to find for the party on that issue.”
We review the grant
or denial of a Rule 50(a) motion for judgment as a matter of law
de novo, viewing the evidence in the light most favorable to the
nonmoving party.
332
(4th
Cir.
Fontenot v. Taser Int’l, Inc., 736 F.3d 318,
2013);
404-05 (4th Cir. 1999).
Chaudhry
v.
Gallerizzo,
174
F.3d
394,
“Judgment as a matter of law is proper
when, without weighing the credibility of the evidence, there
can be but one reasonable conclusion as to the proper judgment.”
Chaudhry, 174 F.3d at 405 (internal quotation marks omitted).
“The movant is entitled to judgment as a matter of law if the
2
Appeal: 14-1726
Doc: 33
Filed: 04/02/2015
Pg: 3 of 6
nonmoving party failed to make a showing on an essential element
of his case with respect to which he had the burden of proof.”
Singer
v.
Dungan,
45
F.3d
823,
827
(4th
Cir.
1995)
(internal quotation marks omitted).
Under Title VII, it is unlawful for an employer “to fail or
refuse to hire or to discharge any individual, or otherwise to
discriminate
against
compensation,
terms,
any
individual
conditions,
or
with
respect
privileges
of
to
his
employment,
because of such individual’s race.”
42 U.S.C. § 2000e-2(a)(1).
Where,
evidence
as
here,
there
is
no
of
intentional
discrimination, claims under Title VII are analyzed under the
burden-shifting
Corp. v.
framework,
Green,
framework
411
the
U.S.
plaintiff
established
792,
802-07
bears
the
in
McDonnell
(1973).
initial
establishing a prima facie case of discrimination.
Honor Ctr. v. Hicks, 509 U.S. 502, 506 (1993).
Douglas
Under
burden
this
of
St. Mary’s
To do so, a
plaintiff must show that: (1) he is a member of a protected
group; (2) there was a specific position for which he applied;
(3) he was qualified for that position; and (4) he was rejected
for the position under circumstances giving rise to an inference
of discrimination.
430 (4th Cir. 2004).
Williams v. Giant Food Inc., 370 F.3d 423,
Defendant conceded below that Gilmore had
established his prima facie case.
3
Appeal: 14-1726
Doc: 33
Filed: 04/02/2015
Pg: 4 of 6
Where the plaintiff makes such a showing, the burden shifts
to the defendant to produce evidence that “if believed by the
trier
of
fact,
discrimination
would
was
not
support
the
cause
a
finding
of
the
that
employment
Hicks, 509 U.S. at 507 (internal emphasis omitted).
burden
of
506-07.
production,
not
of
proof
or
unlawful
action.”
This is a
persuasion.
Id.
at
Review of the trial record makes clear that Defendant
produced evidence that, if believed by the trier of fact, would
support the conclusion that Gilmore was not promoted based on
race-neutral reasons.
If
the
defendant
meets
his
production
burden,
then
the
presumption created by the plaintiff’s prima facie case “drops
out of the picture,” and the burden shifts back to the plaintiff
to present evidence from which a reasonable juror could conclude
that the reason proffered by the defendant was a pretext for
discrimination.
Id. at 511.
The plaintiff can prove pretext by
presenting evidence to show that the defendant’s explanation is
“unworthy
of
circumstantial
discrimination.
credence”
evidence
or
by
offering
sufficiently
other
forms
probative
of
of
Mereish v. Walker, 359 F.3d 330, 336 (4th Cir.
2004) (internal quotation marks omitted).
Ultimately, however,
the plaintiff has the burden of demonstrating that he was the
victim of discrimination on the basis of his race.
4
Id.
Appeal: 14-1726
Doc: 33
On
Filed: 04/02/2015
appeal,
Gilmore
Pg: 5 of 6
asserts
that,
based
on
the
evidence
presented, the jury reasonably could have concluded that the
proffered rationales for his non-promotion, namely, his prior
performance
and
his
lack
of
supervisory
pretextual and unworthy of belief.
and
the
parties’
briefs,
we
experience,
were
After review of the record
reject
Gilmore’s
assertions
unsupported by the trial record and without merit.
as
He thus
fails to establish reversible error by the district court in its
grant of Defendant’s Rule 50(a) motion.
Gilmore also contends that the district court abused its
discretion
regarding
in
excluding
litigation
at
trial
relative
to
the
admission
rulings
of
resulting
testimony
from
the
decision of the United States District Court for the District of
Columbia in Segar v. Civiletti, 508 F. Supp. 690 (D.D.C. 1981).
Evidentiary rulings are reviewed for abuse of discretion, and we
“will only overturn an evidentiary ruling that is arbitrary and
irrational.”
United States v. Cole, 631 F.3d 146, 153 (4th Cir.
2011) (internal quotation omitted).
In determining whether an
evidentiary ruling is arbitrary and irrational, this court looks
at the evidence in a light most favorable to its proponent, with
an eye toward “maximizing its probative value and minimizing its
prejudicial effect.”
Id. (internal quotation marks omitted).
We conclude after review of the record and the parties’
briefs that the district court did not abuse its discretion in
5
Appeal: 14-1726
Doc: 33
Filed: 04/02/2015
Pg: 6 of 6
excluding admission of the Segar litigation evidence.
has
not
suggested
that
Defendant
was
not
complying
Gilmore
with
the
Segar litigation rulings at the time of his non-promotion, and
the stipulated procedures in that litigation simply were not in
effect at the time of Gilmore’s non-promotion.
The district
court thus properly excluded admission of the evidence to ensure
the
jury
was
information.
not
considering
irrelevant
and
confusing
See United States v. Lentz, 524 F.3d 501, 526
(4th Cir. 2008) (holding that district court did not abuse its
discretion
in
excluding
omitted
evidence
portions
that
were
“neither necessary to avoid misleading the jury or to place the
portions admitted into proper context”).
Accordingly,
We dispense
with
contentions
are
we
oral
affirm
the
argument
adequately
district
because
presented
in
court’s
judgment.
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED
6
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?