DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171935P.pdf 12/19/2018 Calvin Kirklin v. Joshen Paper & Pkg of Arkansas
U.S. Court of Appeals Case No: 17-1935
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Gruender, Author, with Colloton and Grasz, Circuit Judges]
Civil case - Employment discrimination. The district court did not abuse
its discretion in striking paragraphs of plaintiff's statement of material
fact as unsupported by the record or irrelevant and immaterial; the
district court properly granted the employer summary judgment on claims
arising more than 180 days before plaintiff filed his EEOC charges as he
failed to exhaust his administrative remedies for these claims; with
respect to plaintiff's failure to rehire claim, the district court
properly granted the employer summary judgment for two reasons - first,
the employer took no action on the date listed in the charge and, second,
plaintiff never applied for re-employment or expressed interest in
returning to work; further, plaintiff did not believe he could perform the
duties involved in the position; the district court did not err in
determining plaintiff's Arkansas Civil Rights Act claims were untimely;
there was no factual basis for plaintiff's promissory estoppel claim.