well now move to case number five more than ten times each year she understood that the following conduct could be considered abuse stepping a resident and pulling the residents arm telling the residents to shut up and yelling at a resident from m twenty fourth teen to march twenty sixth teen miss diane merrick was white held the position of memory care and assisted living manager at riverside on september thirtieth twenty terminated affected october thirteenth within two weeks of the alleged abuse mr klein is it is it your or is it your interpretation of the record that miss watkins was terminated exclusively based upon the incident that was captured on the video that you're referring to because mike my impression from reading the briefs in the file here is that and i think the facts supported that so there was to the first very question certainly yes there was more than just a video however i think the timing that it was two days after the video that there was that this watkins that she suspended and it's within two weeks of that that she was fired so i think there was more to it but i think the video the timing of that along with the fact that  white there was an investigation had revealed in her case that she accidentally hit a resident but we're talking about similar or similar facts and two whites were not fired two blacks were fired so that character purpose calling somebody troublemakers apply equally regardless of which races right so there's that in itself doesn't give rise can't create an inference of summation and if that's the only evidence that she points to there's no physical harm there are no other x misconduct either which renders her situation distinct from ms watkins which watkins obviously there are several instances of instances of a paper like this conduct where just the record reflect judgment she admits that miss markham the decision maker here in fact terminated watkins for violating riverside's policy against resident abuse neglect and that she was terminated because it was in the best interest of the unrelated to race there are other key admissions she makes on summary judgment she admitted for example that mr gorman who was a person principally responsible for interviewing the various folks that logical question if someone said is this so and so i was in the trouble today because people in those conditions sometimes have problems and i guess you could meeting with her and she was allowed to submit a statement was up for after the decision was made the decision i believe us after the decision to suspend her so she's obviously informed of her suspension miss market decision maker handed off the to race and there's nothing else in the records just that could be connected to a race she shouldn't study legal authority to support the contention she sex couple of articles that i've been purporting to describe what law is or what it should mean magazine articles hall you could tell that irene was getting upset about something i didn't know what but you could tell she was getting upset and then she pulled her arm back it appeared like frank was helping her down the hall and i mean pulled her arm france this is the decision maker who was this is the key event and she's admitting that friends doing nothing wrong and per act was one of the key people in the investigation she said oh that some kind of breach of contract claim or something like that correct that well i mean i wouldn't i don't think a breach of contract would have been because there was no written agreement you know as far as  where it was one of the court used the word benign where comment here we have trouble used many times only used to a black person never mentioned any the white employees and that you articles what they refer to is that this type of language trouble troublemaker it's been going on for one hundred years it's depicted in movies it's picked it over time so you have besides a subjective nature you have an objective history of the word trouble in addition to that as far as what but counsel is saying about the facts fifty eight i just i just want to read that specifically because there's nothing that was conceded that a significant says merrick concluded i concluded that it was in the best interest of the residents that walk and no longer work at riverside the key word is concluded that's not a fact so we had mitt this