On August 20, 1993 plaintiff filed this employment discrimination suit pro se against Shalala, the Secretary of Health and Human Services in the District Court of Maryland. He alleged that he had been discriminated against for being male and an African American. Plaintiff also alleged class discrimination claims and various antitrust claims. On April 9, 1996 the district court (Judge Peter J. Messitte) granted the defendant's motion to dismiss the antitrust and class discrimination claims. The district court also granted the defendant's motion for summary judgment for the remaining claims on September 3, 1996.

Plaintiff appealed to the Fourth Circuit Court of Appeals but the court (Judge Butzer, Judge Niemeyer, and Judge Williams) affirmed the district court's finding that plaintiff had failed to establish a prima facie case of employment discrimination in an unpublished per curiam opinion on April 24, 1997. Plaintiff's petition for a writ of certiorari was denied by the Supreme Court on March 23, 1998.

Michael Perry - 07/10/2010


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