McGee v. Bd Supr LSU Agri

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 15, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 06-31201
Summary Calendar
_____________________
CLAUDE MCGEE,
Plaintiff-Appellant,
versus
BOARD OF SUPERVISORS OF
LOUISIANA STATE UNIVERSITY
AND AGRICULTURAL AND
MECHANICAL COLLEGE,
Defendant-Appellee.
__________________________________________________
Appeal from the United States District Court
for the Middle District of Louisiana, Baton Rouge
USDC No. 3:05-CV-910
__________________________________________________
Before REAVLEY, BARKSDALE and STEWART, Circuit Judges.
PER CURIAM:*

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2
The judgment of the district court is affirmed for the reasons given by that
court. Appellant presented no evidence that the change in his duties was motivated
by racial prejudice and discrimination. He was replaced by a black male and,
whether his version of his role in the Shirley Ginn matter be correct or not, no
evidence is presented that appellee was not warranted in the view of the matter it
took or that its reason for the action in changing appellant’s duties was pretextual.
If the reports of objectionable incidents appellant describes were all accurate,
there is no evidence that they were acceptable to appellee or related to any
treatment or prejudice against appellant.
AFFIRMED.

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