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.
152427P.pdf 11/14/2016 Tina Grant v. City of Blytheville, Arkansas
U.S. Court of Appeals Case No: 15-2427
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Wollman, Author, with Melloy and Colloton, Circuit Judges]
Civil case - Employment discrimination. The district court did not abuse
its discretion by setting aside a default judgment against the City as its
delay in filing an answer was excusable and there was no evidence of bad
faith or intentional delay on the City's part; plaintiff could identify no
similarly situated employee outside of plaintiff's protected class who was
treated more favorably by the City, and the inference-of-discrimination
element of plaintiff's prima facie case has not been established; nor was
there any showing that the City failed to follow any applicable policy in
making the decision to fire plaintiff and no inference of discrimination
was established on this basis; the City consistently cited plaintiff's
insubordination as the reason for its decision to fire him and thus there
is no record-based shifting-reasons basis for an inference of
discrimination; as there was no prima facie case of age or race
discrimination, the City's summary judgment is affirmed.