DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

142044P.pdf   02/23/2015  Gary Austin  v.  Fletcher Long
   U.S. Court of Appeals Case No:  14-2044
   U.S. District Court for the Eastern District of Arkansas - Helena   
[PUBLISHED] [Murphy, Author, with Loken and Melloy, Circuit Judges] Civil case - Employment discrimination. The district court correctly stated that plaintiff could demonstrate a triable issue of fact concerning pretext by showing that he was treated differently than similarly-situated employees and plaintiff did this by showing that two other prosecutors who had engaged in comparable or more serious misconduct had not been terminated; as a result, defendant was not entitled to summary judgment based on qualified immunity; the district court did not err in determining plaintiff had alleged the violation of a clearly established constitutional right - the right to be be free from race discrimination in his employment.