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RIOS v. ROSSOTTI

No. 00-50226.

252 F.3d 375 (2001)

Josephine RIOS, Plaintiff-Appellant, v. Charles O. ROSSOTTI, Commissioner of the Internal Revenue Service; United States of America, Department of the U.S. Treasury, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 18, 2001.

Attorney(s) appearing for the Case

Michael Robert Latimer (argued), William Thaddeus Harkins (argued), Harkins, Latimer & Dahl, San Antonio, TX, for Plaintiff-Appellant.

John Francis Paniszczyn (argued), San Antonio, TX, for Defendants-Appellees.

Before KING, Chief Judge, and ALDISERT and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Plaintiff, Josephine Rios, brought claims of discrimination and retaliation against the Internal Revenue Service ("IRS" or "Service") based on her non-selection for position vacancies within the agency. On appeal, she contends that the district court erred in granting summary judgment against her claims. Plaintiff argues that she created a genuine issue of material fact as to the Service's motives in not selecting her to fill the position...

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