Fuller v. Phipps

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge MOTZ joined.

OPINION

WILKINSON, Circuit Judge:

This case requires us to assess the propriety of the district court’s jury instructions in an employment discrimination pretext case. Appellant Charles J. Fuller, an African American, brought a discrimination claim under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., alleging that Sheriff Kennard L. Phipps’ failure to hire him as a correctional officer was based on Fuller’s race. Phipps responded that his hiring…