McIncrow v. Harris County, 88-6056
| Decision Date | 28 July 1989 |
| Docket Number | No. 88-6056,88-6056 |
| Citation | 878 F.2d 835 |
| Parties | 50 Fair Empl.Prac.Cas. 681, 50 Empl. Prac. Dec. P 39,203 Page Ann McINCROW, Plaintiff-Appellant, v. HARRIS COUNTY, et al., Defendants, Metropolitan Transit Authority, Defendant-Appellee. Summary Calendar. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Page Ann McIncrow, Houston, Tex., pro se.
Paula J. Alexander, Houston, Tex., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Texas.
Before GEE, WILLIAMS and HIGGINBOTHAM, Circuit Judges.
Appellant Page Ann McIncrow (McIncrow) sued Harris County, Texas, the City of Houston, and Houston's Metropolitan Transit Authority (Metro) for discrimination based on age, race, and sex. McIncrow alleged that because of her characteristics, Metro refused to hire her in 1981, 1982, and 1985. Metro filed a motion for summary judgment and McIncrow responded. After hearing argument on the motion, the district court granted Metro summary judgment. McIncrow timely appealed.
In its summary judgment motion, Metro noted that McIncrow failed to state under which legal theory she was proceeding. Assuming McIncrow was suing under Title VII, Metro contended that 1) McIncrow's failure to obtain a right-to-sue letter precluded the district court from addressing all of her claims, See 42 U.S.C. Sec. 2000e-5(b), (f)(1); 2) her claims of discrimination in 1981 and 1982 were time-barred by Title VII; and 3) laches precluded her claims of discrimination in 1981 and 1982. Assuming McIncrow was suing under the Age Discrimination Act, 29 U.S.C. Sec. 621 et seq., Metro argued 1) that McIncrow's failure to obtain a right-to-sue letter precluded the district court from addressing all of her claims, see 29 U.S.C. Sec. 626(d); and 2) laches precluded her claims of discrimination occurring in 1981 and 1982. Assuming that McIncrow was suing under 42 U.S.C. Sec. 1981, Metro argued that 1) her claims of discrimination occurring in 1981 and 1982 were barred by a) the applicable statute of limitations, and b) laches; 2) section 1981 provided no remedy for alleged age and sex discrimination; and 3) McIncrow could not show adequately the requisite discrimination. The district court granted summary judgment for Metro without stating its reasons for doing so.
"Although nothing in Fed.R.Civ.P. 56, governing summary judgment, technically requires a statement of reasons by a trial judge for granting a motion for summary judgment, we have many times emphasized the importance of a detailed discussion by the trial judge." Heller v. Namer, 666 F.2d 905, 911 (5th Cir.1982) (footnote omitted.) ...
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