BANKS v. CORRECTIONS, 218 Fed.Appx. 366 (5th Cir. 2007)

Erica L. BANKS, Plaintiff-Appellee, v. CORRECTIONS CORPORATION OF AMERICA, etc., et al., Defendants, Corrections Corporation of America, doing business as Delta Correctional Facility, Defendant-Appellant.

No. 06-60221.United States Court of Appeals, Fifth Circuit.
February 15, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

James D. Harper, Stroud Harper, Southaven, MS, for Plaintiff-Appellee.

Jeffrey A. Walker, Butler, Snow, O’Mara, Stevens Cannada, Jackson, MS, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Mississippi, Greenville, USDC No. 4:03-CV-401.

Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.

PER CURIAM:[*]

[*] Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

The district court was correct in its conclusion that judicial estoppel was inappropriate because it properly found that, under the facts of this case, Banks had no motive to conceal her Title VTI claim and thus her failure to disclose it to the bankruptcy court was inadvertent.

AFFIRMED.