Cranfill v. Winston-Salem Hous

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
PATSY T. CRANFILL,
Plaintiff-Appellant,
v.
WINSTON-SALEM HOUSING AUTHORITY;
BOARD OF COMMISSIONERS OF
No. 95-2907
WINSTON-SALEM HOUSING AUTHORITY;
ARTHUR S. MILLIGAN, JR.,
Individually and as Executive
Director of the Housing Authority
of the City of Winston-Salem,
Defendants-Appellees.
Appeal from the United States District Court
for the Middle District of North Carolina, at Winston-Salem.
William L. Osteen, Sr., District Judge.
(CA-94-349-6)
Submitted: July 23, 1996
Decided: August 1, 1996
Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
J. Gary Vannoy, VANNOY, MOORE, COLVARD, TRIPLETT &
FREEMAN, North Wilkesboro, North Carolina; James H. Early, Jr.,
Winston-Salem, North Carolina, for Appellant. Anthony H. Brett,
Allan R. Gitter, WOMBLE, CARLYLE, SANDRIDGE & RICE,
P.L.L.C., Winston-Salem, North Carolina, for Appellees.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Patsy T. Cranfill appeals from the district court's order granting
judgment in favor of Defendants and dismissing her action claiming
violations of the Age Discrimination in Employment Act of 1967
(ADEA), 29 U.S.C.A. §§ 621-34 (West 1985 & Supp. 1995), and 42
U.S.C. § 1981 (1988); due process; the Employee Retirement Income
Security Act, 29 U.S.C. § 1140 (1988); and various state claims aris-
ing out of her employment with and termination of employment with
Defendant Housing Authority of the City of Winston-Salem (Housing
Authority). Specifically, Cranfill appeals from the district court's
grant of summary judgment relative to four claims: (1) violation of
her right to due process under the Fourteenth Amendment to the
United States Constitution; (2) intentional discrimination on the basis
of her race (white); (3) intentional discrimination on the basis of her
age (60); and (4) discrimination in violation of the public policy of
the State of North Carolina. Our review of the record and the district
court's detailed and cogent opinion discloses that this appeal is with-
out merit. For the reasons set forth below, we affirm the district
court's grant of summary judgment on the four issues Cranfill raises
on appeal.
Cranfill first claims that she was denied due process as to her
employment termination because the pre-termination hearing she was
offered--and which she refused--was to be conducted by the same
individual who had suspended her. We find that the district court
properly granted summary judgment on this claim. See Boston v.
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Webb, 783 F.2d 1163, 1166 (4th Cir. 1986); DeSarno v. Department
of Commerce, 761 F.2d 657, 660 (D.C. Cir. 1985).
Cranfill's § 1981 claim relating to the selection of a black female
to the position of Deputy Executive Director of the Housing Authority
is without merit because even assuming that Cranfill established a
prima facie case of discrimination, we find that the district court prop-
erly found that she failed to rebut the legitimate, nondiscriminatory
reasons the Housing Authority established for selecting the other indi-
vidual. See St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 506-07
(1993); Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248,
254-56 n.10 (1981); Conkwright v. Westinghouse Elec. Corp., 933
F.2d 231, 234-35 (4th Cir. 1991).
Likewise without merit is Cranfill's ADEA claim that her termina-
tion was age motivated. While we agree with the district court's find-
ing that Cranfill established a prima facie case of employment
discrimination as to this claim,* we further agree that she failed to
rebut the legitimate, nondiscriminatory reason Defendants proffered
to support Cranfill's termination. See Burdine , 450 U.S. at 254-56;
Conkwright, 933 F.2d at 234-35. Accordingly, we cannot say that the
district court's finding of non-discrimination was clearly erroneous.
Anderson v. City of Bessemer, 470 U.S. 564, 574 (1985).
Finally, given that Cranfill's federal claims are without merit, we
find that the district court properly dismissed her claim of discrimina-
tion in violation of North Carolina public policy. See North Carolina
Dep't of Correction v. Gibson, 301 S.E.2d 78, 82 (N.C. 1983).
We therefore affirm the dismissal of this action on the reasoning
of the district court. Cranfill v. Winston-Salem Housing Authority,
No. CA-94-349-6 (M.D.N.C. Sept. 29, 1995). We dispense with oral
argument because the facts and legal contentions are adequately
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*See O'Connor v. Consolidated Coin Caterers Corp., ___ U.S. ___,
64 U.S.L.W. 4243 (U.S. April 1, 1996) (No. 95-354); see also
McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973).
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presented in the materials before the Court and argument would not
aid the decisional process.
AFFIRMED
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