Glasscock v. City of Dallas ( 1998 )

UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-10263
Summary Calendar
GERALD GLASSCOCK,
Plaintiff-Appellant,
VERSUS
CITY OF DALLAS,
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
(3:96-CV-366-H)
January 7, 1998
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM*:
Plaintiff-Appellant Gerald Glasscock, an employee of the
Dallas Water Utilities Department (DWU), alleged claims of
discrimination in violation of the American with Disabilities Act,
42 U.S.C. § 12112 et seq., and the Rehabilitation Act of 1973, 29
U.S.C. § 701 et seq. against his employer. On September 16, 1994,
*
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opinion should not be published and is not precedent except under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.
Glasscock refused to take a drug/alcohol test ordered by Charles
Stringer, the DWU Division Manager. By letter dated October 14,
1994, Stringer terminated Glasscock for insurbordination because he
had refused to take the drug/alcohol test. On February 14, 1997,
the district court heard oral arguments for the parties and granted
summary judgment in favor of the City of Dallas.
After carefully reviewing the briefs, record excerpts, and
relevant portions of the record itself, we find no reversible
error. Assuming arguendo that Glasscock established a prima facie
case, he failed to show that the City of Dallas’s legitimate,
nondiscriminatory reason for terminating Glasscock was pretext for
discrimination. Accordingly, the judgment of the district court is
AFFIRMED.
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