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Jurisdiction: Texas Southern District Courts
Decision Date: 3/7/2011

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Turay v. Harris Cnty. Turay v. Harris Cnty. (S.D. Tex., 2011)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        HAWAY TURAY, DEBORAH BROWN, and WONDA THOMAS, Plaintiffs,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        HARRIS COUNTY, TEXAS, Defendant.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CIVIL ACTION NO. H-09-193

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Dated: March 7, 2011

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        HAWAY TURAY, DEBORAH BROWN, and WONDA THOMAS, Plaintiffs, v. HARRIS COUNTY, TEXAS, Defendant.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CIVIL ACTION NO. H-09-193

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Dated: March 7, 2011

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND GRANTING MOTION FOR SUMMARY JUDGMENT

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                This court has reviewed the Memorandum and Recommendation on the defendant's summary judgment motion issued by the United States Magistrate Judge on February 17, 2011, and made a de novo determination. Rule 72(b), Fed. R. Ci v. P. ; 28 U.S.C. § 636(b)(1)(C); United States v. Wilson, 864 F.2d 1219 (5th Cir. 1989). Based on the pleadings, the record, and the applicable law, the court adopts the Memorandum and Recommendation as this court's Memorandum and Order. This court finds that the undisputed evidence in the record shows that the plaintiffs were not subject to racial discrimination under 42 U.S.C. § 1981 or § 1983 based on the fact that they were not identified or compensated as nurse supervisors while a non-African-American did receive such a designation. Accordingly, the defendant's motion for summary judgment is granted. An order of final judgment is separately entered.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SIGNED on March 7, 2011, at Houston, Texas.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Lee H. Rosenthal        United States District Judge

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cited By
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cites
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        U.S. v. Wilson, 864 F.2d 1219 (5th Cir., 1989)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Decision Date: 1989-02-08 Citations: 9
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Negative Treatment
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