Jenkins v. West ( 1997 )


Menu:
  • UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    SHERANNE L. JENKINS,
    Plaintiff-Appellant,
    v.
    No. 96-2071
    TOGO D. WEST, JR., Secretary of the
    Army,
    Defendant-Appellee.
    Appeal from the United States District Court
    for the Eastern District of Virginia, at Alexandria.
    Leonie M. Brinkema, District Judge.
    (CA-95-1537-A)
    Submitted: June 10, 1997
    Decided: July 9, 1997
    Before WIDENER, HAMILTON, and WILLIAMS,
    Circuit Judges.
    _________________________________________________________________
    Affirmed by unpublished per curiam opinion.
    _________________________________________________________________
    COUNSEL
    Leodis C. Matthews, MATTHEWS & KELSO, Frankfurt, Germany,
    for Appellant. Helen F. Fahey, United States Attorney, James E.
    Macklin, Special Assistant United States Attorney, Alexandria, Vir-
    ginia; Major Thomas M. Ray, DEPARTMENT OF THE ARMY,
    Arlington, Virginia, for Appellee.
    _________________________________________________________________
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    _________________________________________________________________
    OPINION
    PER CURIAM:
    Sheranne Jenkins appeals from the district court's adverse determi-
    nation and dismissal, following a bench trial, of her employment dis-
    crimination action alleging violations of the Age Discrimination in
    Employment Act of 1967, 
    29 U.S.C.A. §§ 621-34
     (West 1985 &
    Supp. 1996). Jenkins alleged age discrimination against her former
    employer, the United States Army, based on a demotion and her ulti-
    mate termination from employment. On appeal, she challenges the
    district court's ultimate determination of non-discrimination, as well
    as several of the court's evidentiary rulings. Our review of the record
    and the district court's findings discloses that this appeal is without
    merit.
    The district court, after a full presentation of the evidence, found
    that Jenkins failed to establish a prima facie case of employment dis-
    crimination. See O'Connor v. Consolidated Coin Caterers Corp., ___
    U.S. ___, 
    64 U.S.L.W. 4243
     (U.S. Apr. 1, 1996) (No. 95-354); see
    also McDonnell Douglas Corp. v. Green, 
    411 U.S. 792
    , 802 (1973);
    Alvarado v. Board of Trustees, 
    928 F.2d 118
    , 121 (4th Cir. 1991). We
    agree with the district court that, even assuming, arguendo, that Jen-
    kins established a prima facie case of age discrimination, she failed
    to rebut the legitimate, non-discriminatory reasons Defendant prof-
    fered to support its decisions to demote and ultimately terminate her.
    See Texas Dep't of Community Affairs v. Burdine, 
    450 U.S. 248
    ,
    254-56 (1981); Conkwright v. Westinghouse Elec. Corp., 
    933 F.2d 231
    , 234-35 (4th Cir. 1991). Accordingly, we cannot say that the dis-
    trict court's finding of non-discrimination was clearly erroneous.
    Anderson v. City of Bessemer, 
    470 U.S. 564
    , 574 (1985).
    As to the district court's evidentiary rulings, such rulings are enti-
    tled to substantial deference and will not be reversed by this Court
    absent a clear abuse of discretion. Sasaki v. Class, 
    92 F.3d 232
    , 241
    2
    (4th Cir. 1996). We find that Jenkins' claims of error in this case rela-
    tive to the district court's striking of the testimony of two of Jenkins's
    witnesses on grounds of relevance is without merit. Moreover, we
    cannot say that the district court abused its discretion relative to evi-
    dence regarding allegedly discriminatory statements made by Ms.
    Mackey, Jenkins's former supervisor, given that Jenkins did not claim
    discrimination at the hand of Ms. Mackey below.
    We dispense with oral argument because the facts and legal conten-
    tions are adequately presented in the materials before the Court and
    argument would not aid the decisional process.
    AFFIRMED
    3