Marcus Bodie v. Towne Park Services LLC

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-11998
Non-Argument Calendar
____________________
MARCUS BODIE,
Plaintiff-Appellant,
versus
TOWNE PARK SERVICES, LLC,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:21-cv-01097-SDM-CPT
____________________
USCA11 Case: 22-11998 Document: 39-1 Date Filed: 04/10/2023 Page: 1 of 2

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2 Opinion of the Court 22-11998
Before WILSON, J ILL PRYOR , and ANDERSON, Circuit Judges.
PER CURIAM:
Marcus Bodie, an African American, filed a complaint
against Towne Park Services, LLC (Towne), alleging Towne failed
to hire him because of his race in violation of 42 U.S.C. § 1981. The
district court granted summary judgment to Towne, finding Bodie
failed to prove intentional discrimination through circumstantial
evidence under either the
McDonnell Douglas1 burden-shifting
framework or the “convincing mosaic”2 avenue.
After careful review of the briefs and the record, we agree
with the district court that Bodie failed to show Towne’s proffered,
non-discriminatory reason for not hiring him—administrative
oversight—was pretextual.3 And we agree that the record lacks a
“convincing mosaic” of discrimination. Accordingly, we affirm the
district court’s well-reasoned decision.
AFFIRMED.
1
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).
2
See Jenkins v. Nell, 26 F.4th 1243, 1250 (11th Cir. 2022).
3 Bodie also argue that his race was the “but-for” cause for Towne’s failure to
hire him. But Bodie pointed to no evidence to suggest that his race was the
reason. In fact, the evidence shows an administrative oversight by Towne’s
talent acquisition team was the reason for the non-hire.
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