- 5th Cir.
- Patrick E. Higginbotham, Circuit Judge
The district court granted summary judgment to a school district in this case alleging race discrimination. The appellant's deposition testimony is forthright, and though his submissions ultimately prove inadequate to withstand a motion for summary judgment, his Title VII discrimination claim was not frivolous, unreasonable or without foundation. Therefore, the award of attorneys' fees was an abuse of discretion. The summary judgement is affirmed, and the award of fees is vacated. 5th U.S. Circuit Court of Appeals, No. 11-20639, 01-07-2013.