alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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opinion should not be published and is not precedent except under the limited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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-10711

Summary Calendar

 

DARRELL RUSSELL,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL

JUSTICE, INSTITUTIONAL DIVISION; R. D. MCLEOD; WILLIAM 

SWART; LIEUTENANT WICKERSHAM; CAPTAIN E. HAMPTON,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 2:97-CV-90

- - - - - - - - - -

December 23, 1997

Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM:*

Darrell Russell, Texas prisoner # 674336, appeals the

district court’s dismissal of his civil rights complaint as

frivolous and for failure to state a claim under 28 U.S.C.

§ 1915A(b). Russell argues that he suffered from a bad back and

that a prison doctor acted with deliberate indifference to that

condition in changing Russell’s work restrictions so that he was

eligible for assignment to field work. He argues that the other
No.97-10711

- 2 -

defendants exhibited deliberate indifference to his serious

medical needs by assigning him to work in accordance with the

doctor’s restrictions.

We have throughly reviewed the record and Russell’s

arguments and AFFIRM the dismissal of Russell’s complaint

essentially for the reasons stated by the district court in

Russell v. Johnson, No. 2:97-CV-0090 (N.D. Tex. May 30, 1997).

AFFIRMED.
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S ANNUAL REPORT TO STOCKHOLDERS FOR THE FISCAL YEAR ENDED JULY 31,
1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH ANNUAL REPORT.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-1996
<PERIOD-START>                             AUG-01-1995
<PERIOD-END>                               JUL-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                            3851
<SECURITIES>                                         0
<RECEIVABLES>                                    15281
<ALLOWANCES>                                       167
<INVENTORY>                                       4796
<CURRENT-ASSETS>                                 24974
<PP&E>                                           74317
<DEPRECIATION>                                   40200
<TOTAL-ASSETS>                                   59586
<CURRENT-LIABILITIES>                            10245
<BONDS>                                           3333
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            72
<OTHER-SE>                                       43960
<TOTAL-LIABILITY-AND-EQUITY>                     59586
<SALES>                                         108362
<TOTAL-REVENUES>                                108362
<CGS>                                            89502
<TOTAL-COSTS>                                    89502
<OTHER-EXPENSES>                                  7991
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 593
<INCOME-PRETAX>                                  10276
<INCOME-TAX>                                      3993
<INCOME-CONTINUING>                               6283
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      6283
<EPS-PRIMARY>                                      .85
<EPS-DILUTED>                                      .85
        

</TABLE>
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II

105TH CONGRESS

1ST SESSION S. 185

To prohibit the provision of Federal funds to any State or local educational

agency that denies or prevents participation in constitutional prayer

in schools.

IN THE SENATE OF THE UNITED STATES

JANUARY 22, 1997

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Resources

A BILL

To prohibit the provision of Federal funds to any State

or local educational agency that denies or prevents participation in constitutional prayer in schools.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Voluntary School Pray5 er Protection Act’’.
2

•S 185 IS

1 SEC. 2. FUNDING CONTINGENT ON RESPECT FOR CON2 STITUTIONAL SCHOOL PRAYER.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, no funds made available through the Depart5 ment of Education shall be provided to any State or local

6 educational agency that has a policy of denying, or that

7 effectively prevents participation in, constitutional prayer

8 in public schools by individuals on a voluntary basis.

9 (b) LIMITATION.—No person shall be required to par10 ticipate in prayer, or shall influence the form or content

11 of any constitutional prayer, in public schools.

Æ
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

APRIL 17, 2012

JOHN LEY

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 11-11761 

 ________________________

 D.C. Docket No. 1:09-cv-01023-ODE

ARNITA JOHNSON, 

llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellant,

 versus

DOUGLAS COUNTY SCHOOL DISTRICT, 

CONSTANCE CRAFT, 

individually and in her official capacity as

Principal of Douglas County High School,

llllllllllllllllllllllllllllllllllllllll Defendants - Appellees,

DOUGLAS COUNTY BOARD OF EDUCATION,

and its members, et al.,

llllllllllllllllllllllllllllllllllllllll Defendants.

________________________

 Appeal from the United States District Court

 for the Northern District of Georgia

 ________________________

(April 17, 2012)
Before EDMONDSON and WILSON, Circuit Judges, and VINSON, District Judge. *

PER CURIAM:

Arnita Johnson, a 50-year-old African-American female, brought suit

against her employer, Douglas County School District, and against Douglas

County High School Principal Constance Craft (collectively “Defendants”)

alleging race discrimination under 42 U.S.C. § 2000e-2 (“Title VII”) and 42

U.S.C. § 1983, and age discrimination under 29 U.S.C. § 623 (“ADEA”). Johnson

appeals the district court’s grant of summary judgment in favor of Defendants. 

Under McDonnell Douglas Corp. v. Greene, 411 U.S. 792, 93 S. Ct. 1817

(1973), if a plaintiff establishes a prima facie case of disparate treatment and the

employer proffers a legitimate, nondiscriminatory reason for its employment

action, the plaintiff must then show that the proffered reason is merely a “pretext

for unlawful discrimination.” Burke-Fowler v. Orange Cnty., 447 F.3d 1319,

1323 (11th Cir. 2006) (per curiam). Here, the district court found that Johnson

established a prima facie case of discrimination and that Defendants provided four

legitimate, nondiscriminatory reasons for removing Johnson from her position as

co-chair of the science department: (1) Johnson sent mass emails to the faculty

Honorable C. Roger Vinson, United States District Judge for the Northern District of *

Florida, sitting by designation.

2
expressing discontent with administrative decisions, (2) Johnson repeatedly and

publicly questioned the credentials of a colleague, (3) Johnson was unwilling to

accept a classroom without a laboratory and involved students in the controversy,

and (4) Johnson undermined student and parent confidence in the school’s

International Baccalaureate program. 

Upon reviewing the record, reading the briefs, and with the benefit of oral

argument, we find that Johnson has not provided sufficient evidence to indicate

that the legitimate, nondiscriminatory reasons provided by Defendants were a 

pretext for race or age discrimination. Furthermore, she has not shown that her

removal would not have occurred but for Defendants’ discriminatory animus. 

Thus, the district court did not err in granting Defendants’ motion for summary

judgment.

AFFIRMED.

3
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7570

THOMAS LOWERY, Petitioner - Appellant, versus GARY D. MAYNARD, Director of SCDC; CHARLES CONDON, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Terry L. Wooten, District Judge. (CA-02-3205-25BC-3) Submitted: December 18, 2003 Decided: January 16, 2004 Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas Lowery, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Derrick K. McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Thomas Lowery seeks to appeal the district court’s order adopting the magistrate judge’s recommendation to grant the Government summary judgment and deny his 28 U.S.C. § 2254 (2000) petition. Lowery cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and a certificate of appealability will not issue absent a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A habeas appellant meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , 537 U.S. 322, 326 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude Lowery has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
#### FIRST NAT. BANK OF PATERSON, Appellant, v. TUTTLE, Respondent.

(Superior Court of New York City, General Term.

December 18, 1895.)

Action by First National Bank of Paterson, N. J., against Seth M. Tuttle, as alleged substituted trustee, impleaded.

Preston Stevenson, for appellant.

Wells, Waldo & Snedeker (G. E. Waldo, of" counsel), for respondent.

PER CURIAM.

The order should be affirmed, with $10 costs and disbursements.
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#### The People of the State of New York, Respondent, v Jermaine D. Holmes, Appellant.

[943 NYS2d 906] —

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (J. Doyle, J.), imposed June 29, 2010, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the People’s contention, the defendant did not validly waive his right to appeal *(see People v Lopez,*6 NY3d 248, 256 [2006]; People *v Wright,*89 AD3d 874, 874-875 [2011]). However, the sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]). Mastro, A.P.J., Balkin, Hall and Roman, JJ., concur.
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
PAPA JOHN’S INTERNATIONAL, INC., a
Delaware corporation, and PAPA JOHN’S
FOOD SERVICE, INC., a Kentucky
corporation,
Plaintiffs,
vs. No. 04 C 3131

ANTOIN S. REZKO, an individual resident of
Illinois, et al.,

)
)
)
)
)
)
)
)
)
)
)
)
Defendants. )
MEMORANDUM OPINIO) RDER

Plaintiff brought a lawsuit against some allegedly subsequent actors in this action.
Judge Shadur dismissed the action, concluding that the claims should have been brought here
(a conclusion with which we agree). Plaintiff acted on that decision; it seeks to amend the
complaint here to add defendants and claims. The new defendants (although they are not yet
parties, but we ignore that) contend that any amendment would be futile, comes too late and
would unfairly expand the lawsuit. We disagree. The motion for leave to file a third amended
complaint is granted.

The amendments largely allege that the new defendants are answerable for the alleged
transgressions of the original defendants. That is, they took over some of the original
defendants’ franchises before plaintiff terminated any of the franchises and they did so
without the plaintiff ‘s required approval. Then they continued to operate the franchises after
termination and to use plaintiff's intellectual property, and failed to pay any royalties or

otherwise live up to the obligations of a franchisee. We cannot say those claims are futile,

although some may be a stretch, ¢.g., that Papa Tony’s infringes and dilutes Papa John’s.

The lawsuit has been a moving target from the start. Hopefully this amendment will



w

~

rs
No. 04 C 3131 Page 2

~

permit the parties to go forward with discovery, with the claims by and against all possibly

interested parties now included.

B.

JAMES B. MORAN
ior Judge, U. S. District Court

New. 3, 2006.
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