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THOMPSON v. CITY OF WACO, TEXAS

No. 13-50718.

764 F.3d 500 (2014)

Allen THOMPSON, Plaintiff-Appellant, v. CITY OF WACO, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 3, 2014.

Attorney(s) appearing for the Case

Royce John Cullar, Jr., Esq. , Cullar & McLeod, L.L.P., Waco, TX, for Plaintiff-Appellant.

Charles D. Olson , Michael W. Dixon, Esq. , Haley & Olson, P.C., Charles Alfred MacKenzie, Esq. , Law Office of C. Alfred MacKenzie, Waco, TX, for Defendant-Appellee.

Before SMITH, CLEMENT, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Allen Thompson sued the City of Waco for racial discrimination under 42 U.S.C. § 1981 and Title VII. The district court dismissed Thompson's claims pursuant to Rule 12(b)(6), holding that Thompson failed to allege an adverse employment action. Because Thompson plausibly alleges that he was subject to the equivalent of a demotion, we reverse the district court's judgment.

I.

Thompson is an African American detective...

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