131427P.pdf   12/17/2013  Richard Burton  v.  Arkansas Secretary of State
   U.S. Court of Appeals Case No:  13-1427
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Smith, Author, with Wollman and Beam, Circuit Judges] 
   Civil case - Employment Discrimination. The district court did not err in 
   denying the Arkansas State Capitol Police Chief's motion for summary 
   judgment based on qualified immunity on plaintiff's Section 1983 claim 
   alleging a racially discriminatory termination as the plaintiff produced 
   evidence a similarly situated white employee had been treated differently 
   when he engaged in comparably serious conduct and that the reasons the 
   Chief asserted for plaintiff's termination were pretexts for race 
   discrimination; the district court erred in denying the Chief qualified 
   immunity on plaintiff's equal protection claim for retaliation under 
   Section 1983 as there is no clearly established right under the equal 
   protection clause to be free from retaliation; the court declines to 
   exercise pendent jurisdiction over the Title VII claims against the state 
   defendants.