Legal Opinion · Concurring in part, dissenting in part

Wheat v. Florida Parish Juvenile Justice Commission

Court of Appeals for the Fifth Circuit

Decided January 5, 2016No. 14-30788Published

1Concurring in part, dissenting in partReeves, District Judge

I agree that Lillie Wheat’s retaliatory termination claim should proceed to trial, *712while her sexual harassment claim cannot survive summary judgment. Despite my agreement with much of the opinion, the majority errs when it finds no prima facie case of pre-termination retaliation. To reach that conclusion, the majority has to: (1) disregard record evidence, and (2) ignore the defendant’s concession in the district court that Wheat had made out such a prima facie case. I therefore must respectfully dissent.

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2Cases cited17 opinions

  1. Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
  2. Johnson v. City of ShelbySupreme Court of the United States · 2014
  3. Hoyle v. FREIGHTLINER, LLCCourt of Appeals for the Fourth Circuit · 2011
  4. Keenan v. TejedaCourt of Appeals for the Fifth Circuit · 2002
  5. Freitag v. AyersCourt of Appeals for the Ninth Circuit · 2006

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