Kimberly M. Davis v. Donetta M. D’innocenzo

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 02-1631
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KIMBERLY M. DAVIS,
Appellant
v.
DONETTA M. D’INNOCENZO; JOHN R. MCCARTY;
GARY E. CROWELL; DONALD E. GIBAS;
COMMONWEALTH OF PENNSYLVANIA,
Department of the General Services;
STEVEN GARNER; GREGORY GREEN
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ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
D.C. Civil No. 99-cv-01428
District Judge: The Honorable William W. Caldwell
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Submitted Under Third Circuit LAR 34.1(a)
January 10, 2003
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Before: SCIRICA, BARRY, and SMITH, Circuit Judges
(Opinion Filed: January 22, 2003)
OPINION
BARRY, Circuit Judge
Because we write primarily for the parties, who are familiar with the factual
underpinnings of this case, we note simply that appellant Kimberly M. Davis filed a
complaint on August 9, 1999 against her employer, the Commonwealth of Pennsylvania
Department of General Services ("DGS"), and several individual supervisors, alleging
discrimination on the basis of race. Appellant raised her non-selection for a position in the
Department, as well as various disciplinary suspensions she says she received on the basis
of her race and one or more suspensions in retaliation for her having engaged in protected
activities.
The District Court had jurisdiction pursuant to 42 U.S.C. 2000 (e), et seq., and
pursuant to 28 U.S.C. 1331, 1343, and 1367. Appellate jurisdiction is proper in this
Court under 28 U.S.C. 1291.
We will affirm the District Court’s grant of summary judgment to defendants
substantially for the reasons set forth in the lengthy and comprehensive opinion of the
District Court. We agree with the District Court that, among other reasons, appellant’s
allegations are too conclusory and generalized to engender a material issue of fact as to
whether or not discriminatory animus and not legitimate rationales undergirded
defendant’s employment decisions.

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TO THE CLERK OF THE COURT:
Kindly file the foregoing Opinion.
/s/ Maryanne Trump Barry
Circuit Judge

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