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.