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No. 13-2320
KIRBY B. MCZEKE,
Plaintiff - Appellant,
v.
HORRY COUNTY,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:10-cv-02944-RBH)
Argued:
Decided:
May 1, 2015
wrote the
Judge King
of
Carolina.
Civil
McZeke,
African-American
Magistrates
office
woman,
in
Horry
is
former
County,
South
Rights
2000e
the
an
et
Act
of
seq.)
1964
(Title
(codified
VII),
as
amended
alleging
that
at
42
Mark
U.S.C.
Harris,
Finding no error,
we affirm.
I.
McZeke served as an administrative assistant to the Horry
County Magistrate Judge for over twenty years without incident.
Shortly after becoming Magistrate Judge and McZekes supervisor
on July 1, 2008, however, Judge Harris initiated disciplinary
proceedings against McZeke for, among other things, divulg[ing]
information
on
General
defendant.
J.A. 29.
Sessions
Bench
Warrant
to
the
narrative.
In June 2008--before Judge Harris became the Magistrate-police officer Matthew Stevenson informed McZeke that he had an
outstanding arrest warrant for Don Herring.
McZeke
expected
Herring
to
visit
2
the
On learning that
Magistrates
office
on
McZeke did
Herring
that
there
was
an
outstanding
Rather, she
warrant
for
his
arrest and that Officer Stevenson had asked her to hold Herring
in her office until Stevenson arrived to serve the warrant.
She
further said that she did not have holding power and could not
ask Herring to wait, so she advised him to visit the Solicitors
office the next morning.
conversation
with
Herring,
and
Herring
did
not
go
to
the
2008,
McZeke
Judge
for,
in
Harris
issued
relevant
part,
disciplinary
[d]ivulging
report
or
misusing
citing
J.A.
28.
J.A. 29.
of
drug-related
offense
with
confidential
Officer
Grate discussed the warrant with McZeke because they both knew
Grahams family personally.
J.A. 53.
it
was
drug
J.A. 59.
warrant.
J.A.
59.
While
Anton
Graham
remained
at
large,
the
confidential
informant
who
assisted
months
later,
Judge
Harris
hired
white
woman
to
replace McZeke.
In November 2010, McZeke filed a complaint against Horry
County
alleging
discriminatory
that
Judge
reasons.
Harris
Horry
fired
County
her
for
moved
for
racially
summary
she
was
meeting
Judge
Harriss
legitimate
expectations.
regarding
her
employment,
and
the
district
court
rejected
the
reason
for
J.A. 278.
Magistrate
Judges
County.
The court
Judge
regarding
plainly
Harris
bench
expected
warrants,
acknowledged
2013
WL
and
divulging
her
not
to
despite
divulge
that
information
information
notice,
McZeke
regarding
[the]
5434082,
at
*3
(D.S.C.
Sept.
27,
2013).
II.
The sole question before us is whether McZeke was meeting
the legitimate expectations of her employer when she was fired. 2
McZeke
does
not
dispute
that
Judge
Harris
had
the
warrant
by
informing
her
best
friend
that
the
arrest
the
facts.
McZekes
disclosure
may
have
caused
tangible
harm: after she shared the information about the Graham warrant,
Graham contacted the confidential informant and accused him of
assisting the police.
whether
McZeke
was
meeting
Judge
Harriss
legitimate
expectations when he fired her. Our review is also so limited,
and we consider the question de novo. See Henry v. Purnell, 652
F.3d 524, 531 (4th Cir. 2011) (en banc).
She
information,
and
it
explained
that
McZeke
had
done
so
by
J.A. 2829.
McZeke also argues that her performance would have met the
legitimate expectations of a former supervisor.
Br. at 27.
of
the
whether
decision
a
See Appellants
maker
which
plaintiffs
job
legitimate expectations.
is
relevant
performance
met
when
determining
her
employers
the
plaintiff
employers
employer
failed
legitimate
had
show
that
he
was
expectations,
id.
at
518,
the
plaintiff
previously
to
reprimanded
8
meeting
his
where
the
based
on
Having
expectations
information,
failed
and
to
written
McZeke
cannot
heed
Judge
warning
establish
not
a
Harriss
to
prima
legitimate
divulge
facie
warrant
case
of
III.
For the foregoing reasons, the grant of summary judgment to
Horry County on McZekes Title VII claim is
AFFIRMED.
am
entirely
discrimination
suggests.
unconvinced
case
is
as
that
black
and
this
white
Title
as
the
VII
race
majority
In these circumstances, I am
10