# Annie Laura KIMBROUGH, Plaintiff/Appellee, v. SECRETARY OF the UNITED STATES AIR FORCE, Defendant/Appellant

> Court of Appeals for the Ninth Circuit · June 28, 1985 · 764 F.2d 1279

URL: https://www.frixlaw.com/law-library/cases/9473629

## Case

- **Full name:** 38 Fair empl.prac.cas. 383, 37 Empl. Prac. Dec. P 35,332 Annie Laura Kimbrough v. Secretary of the United States Air Force
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 28, 1985
- **Citations:** 764 F.2d 1279; 37 Empl. Prac. Dec. (CCH) 35,332; 38 Fair Empl. Prac. Cas. (BNA) 383; 1985 U.S. App. LEXIS 20129
- **Precedential status:** Published
- **Opinion:** Concurrence by Alarcon
- **Judges:** Alarcon, Farris, Ferguson
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9473629

## How later opinions describe it (automated extraction)

- Finding no ineffective assistance of counsel in the plea bargain, but noting that “[pjetitioner did not allege in his habeas petition that, had counsel correctly informed him about his parole eligibility date, he would have pleaded not guilty and insisted on going to trial”

## Opinion text

ALARCON, Circuit Judge,
concurring:
I concur in the opinion of the majority insofar as it affirms the judgment of the district court.
The government stipulated that the plaintiff had proved a prima facie case of discrimination. The trial judge did not believe the witnesses offered by the Air Force in support of its defense that there were legitimate reasons to explain the failure to promote Kimbrough. Instead, the district court, after considering all the evidence, was convinced by a preponderance of the evidence that the Air Force discriminated against Kimbrough because of her race and that the reasons offered to justify the failure to promote her were pretextual. Under such circumstances, we must affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9473629. Public record. Not legal advice.