March 2, 1979
WILLIAM SCOTT, PLAINTIFF-APPELLANT,
GRIFFIN BELL, AS ATTORNEY GENERAL, DEFENDANT-APPELLEE.
Appeal from the United States District Court for the Southern District of New York.
Present: HON. WILLIAM H. TIMBERS, HON. THOMAS J. MESKILL, Circuit Judges, HON. RICHARD OWEN, United States District Judge Sitting by Designation
This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was taken on submission.
ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed on the opinion of Judge Knapp dated July 24, 1978.
With respect to appellant's claims for damages incurred by reason of the Marshal's Services discriminatory actions in disciplining appellant in a situation where white deputies would not normally be charged, it appears that appellant has received all the relief that he is entitled to under Title VII. The agency already has awarded him back pay for the three days during which he was suspended from work and it has expunged his disciplinary report from the record.
Under Title VII, however, appellant is not entitled to receive compensatory damages, Schick v. Bronstein, 447 F.Supp. 333, 338 (S.D.N.Y. 1978), and he has not made the requisite showing to entitle him to injunctive relief.
Finally, with regard to his claim based on lost promotional opportunities, appellant admits that these claims are still pending in administrative proceedings. Under these circumstances, the district court properly refused to hear his claims until after he had exhausted his administrative remedies.
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