Davis v. Ashcroft

57 F. App'x 968
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 6, 2003
DocketNo. 02-1863
StatusPublished

This text of 57 F. App'x 968 (Davis v. Ashcroft) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Ashcroft, 57 F. App'x 968 (3d Cir. 2003).

Opinion

OPINION

GARTH, Circuit Judge.

Plaintiff Venson C. Davis appeals the District Court’s grant of the Government’s summary judgment motion. Davis, an African-American, had alleged that in violation of Title VII he was denied a promotion based on his race and in retaliation for providing an affidavit adverse to a friend and colleague of William Slattery, [969]*969the decision-maker responsible for the promotion decision. Because we agree with the District Court that Davis’ claim raised no genuine issues of material fact, we will affirm.

I.

Because we write solely for the benefit of the parties, we recount the facts and procedural history of the case only as they are relevant to the following discussion.

Venson Davis, an African-American, brought this employment discrimination action against the Government, alleging that in the course of his employment with the Immigration and Naturalization Service (“INS”), he was passed over for a promotion on the basis of his race and retaliated against in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.

Davis began his career as an INS Border Patrol Agent in 1980. In 1996, he had advanced through the ranks to become a GS-12 level Supervisory Immigration Inspector at Newark International Airport (“NIA”). On May 29, 1996, the INS posted a vacancy announcement for a GS-13 Supervisory Detention and Deportation Officer position at the INS’s Elizabeth, New Jersey Detention Facility. Davis applied and was placed on a staffing list as one of six applicants that were deemed best qualified, as compiled by the INS’ Human Resources Office. Mason Ruhlen, a Caucasian who had a higher ranking of GS-13, was also on this list.

INS Executive Associate Commissioner William Slattery, third in command of the entire INS, had selecting authority for the Detention and Deportation position. To get recommendations for the position, he sought the input of the Acting Eastern Regional Director, Robert Brown, who in turn sought a recommendation from the New Jersey District Director Warren Lewis, an African-American. Lewis, after consulting the Human Resources list, and after consulting with Leroy Frederick, an African-American who was the supervisory officer at the Elizabeth Detention Facility, forwarded a list of candidates to Brown naming Davis as his first choice, followed by Ruhlen and Earline Boyer, an African-American who had not even applied for the position.

Lewis wrote that Davis had been a Supervisory Inspector at NIA for four years and had been a Border Patrol Agent for twelve years; that Ruhlen has been a Supervisory Special Agent for eight years and had been with the INS for over eighteen years; and that Boyer was a GS-13 with eleven years supervisory experience and twenty-eight years total INS experience, with her previous experience as an Investigator and Contact Representative.

After reviewing Lewis’ letter, Deputy Assistant Regional Director Michael Ro-zos, who worked under Brown, concluded that because the letter listed more than one candidate and a candidate who did not even apply (and would thus present labor management problems), that Lewis was not satisfied with the candidate pool. Accordingly, Rozos recommended that the position be re-announced. Subsequently, Lewis was replaced by Andrea Quarantillo who was delegated the responsibility to select candidates for the Detention and Deportation position.

Accordingly, a new vacancy announcement was posted for this position. All those who had applied under the first announcement were automatically considered for the position. Frederick, the supervisory officer who, as noted earlier, was an African-American, interviewed the candidates, including Davis and Ruhlen. Frederick found Ruhlen to be the more desirable candidate and recommended Ruhlen’s selection to Quarantillo. Unlike Davis, Ruhlen’s experience encompassed working [970]*970with deportation and detention officers. Moreover, Frederick had known Ruhlen for fifteen to twenty years and Ruhlen presented better and more straight-forward responses to the interview questions. Ruhlen was chosen on November 15, 1996.

On May 15, 1997, Davis filed an Equal Employment Opportunity Commission (“EEOC”) Complaint against Quarantillo for failure to promote him and for retaliation. On March 8, 2002, the District Court granted the Government’s motion for summary judgment on Davis’ claims because there was insufficient evidence to permit a reasonable jury to find that the Government’s reasons for fading to promote Davis were unbelievable. This timely appeal followed.

II.

We exercise plenary review over an order granting summary judgment, applying the same standard that the district court should have initially applied. Armbruster v. Unisys Corp., 32 F.3d 768, 777 (3d Cir.1994). In so doing, we must review the record in the light most favorable to Davis, drawing all inferences from the facts in his favor and determine whether genuine issues of material fact exist. Armbruster, 32 F.3d at 777. We have jurisdiction to hear Davis’ appeal pursuant to 28 U.S.C. § 1291.

III.

On appeal, Davis claims that the Government’s reason for re-announcing the position was pretextual for race discrimination. Davis claims that the Government’s reason for ultimately failing to promote him was similarly pretextual. He also claims that the Government failed to promote him in retaliation for his protected activity (the filing of an affidavit with the EEOC, see III.B, infra).

A.

Davis has four main arguments to support his position that the Government’s reason for its re-announcement of the position and ultimate failure to promote him should not be believed. He claims that: (1) Rozos’ determination that Lewis was not satisfied with the candidate pool is inconsistent with Lewis’ unequivocal recommendation of Davis at the first announcement; (2) Rozos’ conclusion that Lewis was not satisfied with the pool of applicants, without first speaking to Lewis, was implausible; (3) the Government’s failure to submit a declaration of Lewis that he was in fact not satisfied with the applicant pool is questionable; and (4) Brown’s claim that he was not responsible for selecting candidates was inconsistent with a letter he signed recommending a re-announcement of the position to Slattery.

Davis’ attempt to establish race discrimination is analyzed under the familiar McDonnell Douglas burden-shifting framework. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). In Fuentes v. Per-skie, 32 F.3d 759 (3d Cir.1994), we instructed that:

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57 F. App'x 968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-ashcroft-ca3-2003.