Jordan v. Gwinnett County

441 F. App'x 761
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 3, 2011
Docket10-15967
StatusUnpublished
Cited by1 cases

This text of 441 F. App'x 761 (Jordan v. Gwinnett County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jordan v. Gwinnett County, 441 F. App'x 761 (11th Cir. 2011).

Opinion

PER CURIAM:

Walton Jordan appeals the district court’s grant of summary judgment in favor of the Gwinnett County Sheriffs Department and Sheriff R.L. Conway, and the court’s dismissal of Gwinnett County as a defendant in his pro se employment discrimination action filed pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621; and Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, et. seq. Jordan, a former deputy with the Gwinnett County Sheriffs Department, alleged that he was terminated based on his age and religion. The evidence produced in the district court showed that Jordan was terminated after appearing at his ex-wife’s church, the Word of Faith Church, on February 10, 2008, despite having been told by the pastor on previous occasions not to return. Jordan confronted the pastor, the police were called, and Jordan eventually was arrested on a criminal trespass charge. Subsequently, the Gwin-nett County Sheriffs Department conducted an internal investigation and ordered Jordan not to return to the church. Jordan was terminated, although he was acquitted of the criminal trespass charge. Jordan appealed his termination to the Gwinnett County Merit Board, and, after a hearing, the Merit Board upheld the termination decision.

On appeal, the defendants argue that Jordan abandoned his age discrimination claim. Jordan argues that the district court erred in granting the defendants’ motion for summary judgment with respect to his religious discrimination claim. He also contends that the court erred in dismissing Gwinnett County as a defendant and in refusing to consider evidence that he submitted in opposition to the defendants’ motion for summary judgment.

A. Abandonment of Age Discrimination Claim

Although we construe pro se briefs liberally, “issues not briefed on appeal by a pro se litigant are deemed abandoned.” Timson v. Sampson, 518 F.3d 870, 874 *763 (11th Cir.2008); see Greenbriar, Ltd. v. City of Alabaster, 881 F.2d 1570, 1573 n. 6 (11th Cir.1989) (providing that passing references to issues are insufficient to raise a claim on appeal). A party’s “mere statement in his reply brief that he did not abandon ... additional claims is insufficient to raise them on appeal.” Diaz v. United States, 930 F.2d 832, 834 n. 1 (11th Cir.1991).

Even if Jordan’s pro se appellate brief is construed liberally, the few passing references that he makes to his age discrimination claim fail to preserve the claim on appeal. Furthermore, Jordan’s argument in his reply brief that he did not abandon the issue on appeal is insufficient to preserve the issue. Accordingly, we do not address Jordan’s age discrimination claim because he has abandoned the issue.

B. Religious Discrimination

We review a district court’s grant of summary judgment de novo, viewing all evidence and drawing all reasonable inferences in favor of the non-moving party. Galvez v. Bruce, 552 F.3d 1238, 1241 (llth Cir.2008). Summary judgment is appropriate only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a).

Title VII makes it unlawful for an employer to discharge an employee on the basis of the employee’s religion. 42 U.S.C. § 2000e-2(a)(l). “Religion” is defined to include “all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate ... an employee’s ... religious observance or practice without undue hardship on the conduct of the employer’s business.” 42 U.S.C. § 2000e(j). A plaintiff may establish a Title VII claim through the introduction of direct evidence of discrimination or circumstantial evidence that creates an inference of discrimination. Hinson v. Clinch Cnty. Bd. of Educ., 231 F.3d 821, 827 (11th Cir.2000).

When Title VII claims are supported by circumstantial evidence, we apply the burden-shifting framework articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Brooks v. Cnty. Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir.2006). Under this framework, the plaintiff bears the initial burden of establishing a prima facie case of discrimination. Id. A plaintiff may establish a prima facie case of religious discrimination “by presenting evidence sufficient to prove that (1) he had a bona fide religious belief that conflicted with an employment requirement; (2) he informed his employer of his belief; and (3) he was discharged for failing to comply with the conflicting employment requirement.” Morr issette-Brown v. Mobile Infirmary Med. Ctr., 506 F.3d 1317, 1322 (11th Cir.2007).

The district court did not err in finding that Jordan failed to establish a prima facie case of religious discrimination based on circumstantial evidence. No one from the Sheriffs Department ordered Jordan to stay away from the Word of Faith Church until after the February 10, 2008, incident. Jordan testified at the Merit Board hearing that he never returned to the church after February 10, 2008, and there is nothing in the record to indicate otherwise. Therefore, Jordan could not have been terminated for failing to comply with the Sheriffs Department’s requirement that he avoid the church.

C. Dismissal of Gwinnett County

We review de novo the district court’s dismissal of an improper defendant. See First Vagabonds Church of God v. *764 City of Orlando, 638 F.3d 756, 760 (11th Cir.2011) (noting that we review questions of law de novo); Baptista v. JP Morgan Chase Bank, 640 F.3d 1194

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441 F. App'x 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-gwinnett-county-ca11-2011.