Joyce v. Peters

*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opinion should not be published and is not precedent except under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. 00-60832
Summary Calendar
JACINTA C. JOYCE,
Plaintiff-Appellant,
VERSUS
F. WHITTEN PETERS, Acting Secretary of the Air Force,
Defendant-Appellee.
Appeal from the United States District Court
For the Southern District of Mississippi
(1:99-CV-423-BrR)
May 17, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
In September 1999, Jacinta C. Joyce filed suit against the
Secretary of the Air Force alleging discrimination on the basis of
her race and as reprisal for prior complaints in violation of Title
VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e), et seq.
Joyce was terminated from her position as a child care assistant in

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the Child Care Center at Keesler Air Force Base in Mississippi
after various incidents of child neglect, culminating with an
incident when four children, ages three to five, were found missing
from their class room in which Joyce was supervisor when their
parents came to pick them up. The children were later found
unharmed, but an investigation revealed that Joyce was the
responsible assistant on duty at the time. Joyce was given a
notice of proposed removal and was subsequently terminated in
November 1997. The defendant filed an answer and subsequently
moved for summary judgment. In a 15-page Memorandum and Order, the
district court determined that Joyce had been terminated for a
legitimate, non-discriminatory reason and that there was no
evidence which would support a finding of pretext as to the reason
for her termination. The district court entered a Final Judgment
that Joyce take nothing by her suit and Joyce appealed to this
Court.
We have carefully reviewed the briefs, the record excerpt, and
relevant portions of the record itself. For the reasons stated by
the district court in its Memorandum and Order filed under date of
November 2, 2000, we affirm the Final Judgment entered by the
district court that plaintiff take nothing.
AFFIRMED.

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