Desmond N. Ogwo v. Miami Dade County School Board, 702 F. App'x 809

Desmond Ogwo, a Black former Project Manager II (PM II) at Miami‑Dade County Public Schools, sued the Miami‑Dade County School Board under Title VII alleging racial disparate treatment after he was laid off in a reduction‑in‑force (RIF).
Ogwo alleged the School Board retained a Hispanic PM II with less seniority while terminating him.
The School Board moved for summary judgment, arguing the retained Hispanic PM II worked in a different functional area and location, with different senior project managers whose workloads could not absorb a PM II loss. Ogwo did not meaningfully contest those factual assertions in the summary‑judgment record.
The district court granted summary judgment for the School Board, treating Ogwo as able to make a prima facie case but finding he failed to show the Board’s stated reason was pretextual.
On appeal, Ogwo argued the RIF decision was pretext for race discrimination; the Eleventh Circuit affirmed, finding waiver and, alternatively, insufficient evidence of pretext.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ogwo preserved and proved that the School Board’s RIF reason was pretext for racial discrimination	Ogwo: retaining a Hispanic PM II with less seniority shows racial discrimination	School Board: different job functions, locations, and supervisory structures justified retaining the Hispanic PM II	Waived for failure to oppose summary judgment; alternatively, insufficient evidence of pretext — affirmed
Whether undisputed record facts could be treated as conceded when non‑movant fails to respond	Ogwo: disputed general allegations about location/function	School Board: proffered affidavits and factual assertions showing differences; argued unused response means facts are admitted	Court applied Rule 56 and held the unaddressed factual assertions may be considered undisputed, supporting summary judgment
Whether prima facie showing was required to reach pretext issue on summary judgment	Ogwo: claimed discrimination; district court assumed prima facie met	School Board: focused on legitimate nondiscriminatory reason and lack of rebuttal evidence	Court accepted district court’s assumption of prima facie but held plaintiff still failed to show pretext
Whether speculation creates a triable issue at summary judgment	Ogwo: speculated about shared location/function	School Board: relied on affidavits and personnel records	Speculation insufficient; summary judgment proper

Quigg v. Thomas Cty. Sch. Dist., 814 F.3d 1227 (11th Cir. 2016) (summary‑judgment review standard and favoring nonmoving party where appropriate)
Access Now, Inc. v. Southwest Airlines Co., 385 F.3d 1324 (11th Cir. 2004) (issues not raised below are generally not considered on appeal)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (plaintiff must show more than a scintilla of evidence to survive summary judgment)
Dixie Stevedores, Inc. v. Marinic Maritime, Ltd., 778 F.2d 670 (11th Cir. 1985) (nonmoving party need not respond until movant supports the motion with sufficient proof)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden‑shifting framework for disparate‑treatment claims)
Holland v. Gee, 677 F.3d 1047 (11th Cir. 2012) (application of McDonnell Douglas framework and use of same evidence for prima facie and pretext showings)
Thomas v. Sampson, 518 F.3d 870 (11th Cir. 2008) (pro se briefs construed liberally but issues not briefed on appeal are abandoned)