Naylor v. American Science Eng

*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 R. 47.5, the Court has determined that this opinion should not be published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
FOR THE FIFTH CIRCUIT
No. 00-50067
Summary Calendar
ROBERT F. NAYLOR, III,
Plaintiff-Appellant,
versus
AMERICAN SCIENCE & ENGINEERING, INC.,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Texas
EP-99-CV-369-DB
August 10, 2000
Before POLITZ, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
On April 10, 1998, Robert Naylor commenced an action against American
Science & Engineering (AS&E) asserting claims for discriminatory treatment,
hostile work environment and retaliation under Title VII of the Civil Rights Act of
1964, 42 U.S.C. § 2000e, et seq. (1994). The district court held that Naylor failed

-- 1 of 2 --

1Naylor v. American Science & Engineering, No. 99-50257 (October 28, 1999).
2United States v. Shanbaum, 10 F.3d 305 (5th Cir. 1994).
3Thomas v. Capital Security Services, Inc., 836 F.2d 866 (5th Cir. 1988).
2
to establish a genuine issue of material fact as to any of the claims, and we
affirmed.1
On November 4, 1999, Naylor filed a second action against AS&E, asserting
claims of intentional discrimination under 42 U.S.C. § 1981 and tortious
interference with his prospective employment under Texas law. The district court
found that Naylor’s claims were barred by the doctrine of res judicata and
appropriately dismissed the action. Our review of the record and the briefs
submitted by the parties persuades us of the correctness of the district court’s
dismissal.2 We find no abuse of discretion in the imposition of sanctions by the
district court under Fed. R. Civ. P. 11.3
AS&E seeks sanctions against Naylor for this appeal; Naylor moves for
sanctions against AS&E. Naylor’s motion is DENIED. AS&E’s motion for
sanctions, including attorney’s fees, is GRANTED and such inclusive sanctions are
set at $5000. Naylor is cast for all costs of this appeal.
The judgment appealed is AFFIRMED.

-- 2 of 2 --