As well, a person claiming that he has been the victim of intentional discrimination under the Equal Protection Clause may make out a prima facie case by relying solely on the facts concerning the alleged discrimination against him. 2d 69 (1986).Ī plaintiff may make out a prima facie case of purposeful discrimination by showing that the totality of the relevant facts gives rise to an inference of invidious discriminatory purpose. As in any equal protection case, the burden is, of course, on the plaintiff to prove the existence of purposeful invidious discrimination. Jackson State University, 616 F.2d 116, 122 (5th Cir. Metropolitan Housing Development Corp., 429 U.S. In general, to establish a violation of the Equal Protection Clause, the plaintiff must prove by a preponderance of the evidence that a gender-based discriminatory purpose or motive was a substantial or motivating factor in the decision not to promote, or in the creation of circumstances constituting the constructive discharge. § 5221K (Vernon 1987).īefore articulating Findings of Fact and Conclusions of Law, the court deems it prudent to set forth basic prima facie burden of proof rules which it followed in evaluating the evidence set forth at trial. § 1983, and the Commission on Human Rights Act, TEX. Third, the District's decision to not promote Herrin and the constructive discharge of Herrin violated her rights guaranteed by the Equal Protection Clause of the Fourteenth Amendment, entitling her to relief pursuant to Title 42 U.S.C. Second, the District acting through Cliburn, Thompson, and Kerr constructively discharged her from her position as Chief Deputy Appraiser for the District, because she was pregnant. *1074 First, the Newton Central Appraisal District ("the District") acting through three out of five board members, Mary Lee Cliburn ("Cliburn"), Wanda Thompson ("Thompson"), and Geraldine Kerr ("Kerr") denied her a promotion to the position of Chief Appraiser for the District, because she was pregnant. Herrin advances essentially three contentions. The court, having conducted a full and complete bench trial in the above referenced matter, is called upon to decide the claim of Margie Louise Herrin ("Herrin"). Seale, Seale, Stover, Coffield, Gatlin & Bisbey, Jasper, Tex., for defendant. Joe Harris, Matthew & Branscomb, San Antonio, Tex., for plaintiff. Real estate and personal property accounts are appraised locally by the district.NEWTON CENTRAL APPRAISAL DISTRICT, Mary Lee Cliburn, Wanda Thompson, Geraldine Kerr. Tax rates and ultimately the amount of taxes levied on property are determined by governing bodies of each of the taxing authorities.
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