In August of 2012, the United States District Court for the Western District of Kentucky heard a case involving a Louisville race discrimination plaintiff who was a fraternity brother with the Gamma Chapter at MSU. (See Jackson v. Murray State University, 2012 WL 3644839 (W.D. Ky. 2012)). The plaintiff while at a fraternity party was forcibly removed from the party and sued claiming that the fraternity violated his constitutional civil rights. Id. He is an African American. At the party he claims he was accosted and then thrown out and that racial slurs were said to him. He walked across town to his apartment. Plaintiff sued in this Louisville race discrimination case under 42 U.S.C. Section 1981, the Kentucky Civil Rights Act and other state law claims. His Louisville race discrimination lawyer alleged 5 counts in the complaint.
The court for the following reasons threw out his entire case. As to the 1981 action, the plaintiff claimed he entered into a contractual arraignment when he paid the three-dollar cover charge to gain access to the party. Under a 1981 action, racial discrimination is a necessary element of the claim. In this Louisville race discrimination case, the plaintiff was thrown out of the party because he lacked a wristband, not because he was an African American. Next, the bigoted remarks that were yelled by the crowd were made after Plaintiff was ejected from the party and his contract canceled. Id. Plaintiff’s Louisville race discrimination lawyer had a very hard case to make.
The court in this Louisville racial discrimination case stated that even if plaintiff did meet his burden in proving a 1981 action, plaintiff did not present enough evidence to establish pretext. In a 1981 action such as this, the burden-shifting test applies. It requires that a plaintiff first establish a prima facie case of discrimination by a preponderance of the evidence. The burden of production then shifts to the defendant to articulate a legitimate, non-discriminatory reason for its actions. To prevail the plaintiff must then prove by a preponderance of the evidence that the defendant’ proffered reason is not its true reason but a pretext for discrimination. And in this Louisville race discrimination case, plaintiff has not done so.
If you have been the subject of a Louisville race discrimination matter, please call and speak to a Louisville race discrimination lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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