RHODES v. SUPERVISOR OF ELECTIONS LEON COUNTY

Filing 37

ORDER OF DISMISSAL - The Report and Recommendation 35 is ACCEPTED. The defendant's motion for summary judgment, ECF No. 19 , is GRANTED. "The complaint is dismissed with prejudice." Signed by JUDGE ROBERT L HINKLE on 7/10/2012. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

CARRIE J. RHODES,
Plaintiff,
v.

CASE NO. 4:11cv153-RH/CAS

SUPERVISOR OF ELECTIONS,
LEON COUNTY,
Defendant.
_______________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 35, and the objections, ECF No. 36. I have reviewed
de novo the issues raised by the objections.
The report and recommendation is correct and is adopted as the court’s
opinion, with this minor correction. An earlier order made Local Rule 56.1
inapplicable in this case. See Scheduling and Mediation Order entered June 15,
2011, ECF No. 8. But that does not affect the analysis in the report and
recommendation or the conclusion that the defendant is entitled to summary
judgment.
Case No. 4:11cv153-RH/CAS

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The bottom line is this. The undisputed evidence establishes that the
plaintiff engaged in unprofessional conduct at work, was unapologetic, and was
given the option of resigning or being fired. Race had nothing to do with it. The
defendant reasonably classified the plaintiff as ineligible for rehire. The plaintiff
filed a charge of racial discrimination, but even if she had a good-faith basis for
doing so—not an obvious proposition—the defendant did not retaliate against her;
to the contrary, the defendant already had classified the plaintiff as ineligible for
rehire. It was reasonable, and not a violation of Title VII or the Florida Civil Right
Act, for the defendant to truthfully respond to a prospective employer’s question
whether the plaintiff was eligible for rehire.
For these reasons and those set out a greater length in the report and
recommendation,
IT IS ORDERED:
The report and recommendation is ACCEPTED. The defendant’s motion
for summary judgment, ECF No. 19, is GRANTED. The clerk must enter
judgment stating, “The complaint is dismissed with prejudice.” The clerk must
close the file.
SO ORDERED on July 10, 2012.
s/Robert L. Hinkle
United States District Judge

Case No. 4:11cv153-RH/CAS