Wilkins v. Jackson
2010 U.S. Dist. LEXIS 121017
D.D.C.2010Background
- Pro se African-American EPA employee Wilkins filed April 2010 Title VII claims alleging race discrimination, hostile work environment, and disparate treatment.
- Defendant Lisa P. Jackson, EPA Administrator, moved for summary judgment on all claims on August 20, 2010 with a comprehensive supporting brief and exhibits.
- Defendant contends there is no genuine issue of material fact; non-selection justified by a candidate with superior qualifications.
- Plaintiff failed to respond to the motion by the court-ordered deadline and did not submit affidavits or evidence countering the defendant's evidence.
- The court issued a Fox-Neal order warning that facts in the moving party's papers could be treated as admitted absent opposing evidence.
- On November 16, 2010, the court granted the defendant's motion as conceded, dismissing all plaintiff's Title VII claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Non-selection claim viability | Wilkins alleges race-based non-selection. | Non-selection justified by a candidate with superior qualifications. | Granted as conceded; no genuine issue. |
| Disparate treatment claims viability | Alleged adverse actions show discrimination. | Actions cited do not constitute adverse employment actions or prima facie discrimination. | Granted as conceded; no genuine issue. |
| Hostile work environment claim viability | Racially discriminatory environment constitutes title VII claim. | Claim cobbled from other theories; not independently viable. | Granted as conceded; no genuine issue. |
Key Cases Cited
- Lytes v. D.C. Water & Sewer Auth., 572 F.3d 936 (D.C. Cir. 2009) (egregious conduct in summary judgment response)
- Burke v. Gould, 286 F.3d 513 (D.C. Cir. 2002) (treating failure to respond as conceded only for egregious conduct)
- Robbins v. Reagan, 780 F.2d 37 (D.C. Cir. 1985) (summary judgment in absence of opposition)
- Fed. Deposit Ins. Corp. v. Bender, 127 F.3d 58 (D.C. Cir. 1997) (court may grant summary judgment as conceded on failure to oppose)
- Diggs v. Potter, 700 F.Supp.2d 20 (D.D.C. 2010) (opposition required to avoid concession of facts)
- Sykes v. Dudas, 573 F.Supp.2d 191 (D.D.C. 2008) (failure to oppose can lead to concession of arguments)