Evans v. New York Botanical Garden

Second Circuit

Evans v. New York Botanical Garden

88 F. App'x 464

CourtCourt of Appeals for the Second Circuit

DecidedMarch 3, 2004

DocketNo. 03-7487

StatusPublished

This text of 88 F. App'x 464 (Evans v. New York Botanical Garden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. New York Botanical Garden, 88 F. App'x 464 (2d Cir. 2004).

Pincite

Opinion

SUMMARY ORDER

Plaintiff-Appellant Paul Evans (“Evans”) appeals from the judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge) granting summary judgment to defendants on his claims of race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.

** We affirm for [465]*465substantially the reasons stated by the District Court. See Evans v. New York Botanical Garden, 253 F.Supp.2d 650, 659-61 (S.D.N.Y.2003) (concluding that defendants had established a legitimate, nondiscriminatory reason for Evans’s discharge, and that Evans failed to introduce sufficient evidence of pretext to survive summary judgment). Accordingly, the judgment of the District Court is AFFIRMED.

The District Court also denied plaintiff leave to amend his complaint to assert related discrimination claims under 42 U.S.C. § 1981. Plaintiff offers no argument explaining why [465]*465the denial was erroneous, and we therefore decline to consider the amendment issue. See, e.g., Taylor v. Rodriguez, 238 F.3d 188, 196-97 (2d Cir.2001) ("[Plaintiff] includes in his appellate brief no argument regarding [certain claims]. Consequently, we deem these claims abandoned.”).

Free access — add to your briefcase to read the full text and ask questions with AI

SUMMARY ORDER

Plaintiff-Appellant Paul Evans (“Evans”) appeals from the judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge) granting summary judgment to defendants on his claims of race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.

** We affirm for [465]*465substantially the reasons stated by the District Court. See Evans v. New York Botanical Garden, 253 F.Supp.2d 650, 659-61 (S.D.N.Y.2003) (concluding that defendants had established a legitimate, nondiscriminatory reason for Evans’s discharge, and that Evans failed to introduce sufficient evidence of pretext to survive summary judgment). Accordingly, the judgment of the District Court is AFFIRMED.

The District Court also denied plaintiff leave to amend his complaint to assert related discrimination claims under 42 U.S.C. § 1981. Plaintiff offers no argument explaining why [465]*465the denial was erroneous, and we therefore decline to consider the amendment issue. See, e.g., Taylor v. Rodriguez, 238 F.3d 188, 196-97 (2d Cir.2001) ("[Plaintiff] includes in his appellate brief no argument regarding [certain claims]. Consequently, we deem these claims abandoned.”).

Cite This Page — Counsel Stack

Bluebook (online)

88 F. App'x 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-new-york-botanical-garden-ca2-2004.

Opinion

Related

Cite This Page — Counsel Stack