United States Eighth Circuit

In an action by a prison guard against her supervisor for allegedly terminating her based on her race and sex in violation of 42 U.S.C. section 1983, denial of summary judgment based on qualified immunity to defendant is affirmed where a reasonable jury could find that defendant's different treatment of plaintiff and a coworker was evidence that the stated reasons for plaintiff's firing were pretextual.

Appellate Information

• Decided 12/03/2009
• Published 12/03/2009

Judges

• BENTON, Circuit Judge., Before MELLOY, GRUENDER, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lori L. Freno, AAG, Little Rock AR, for appellant.


• For Appellees:
  
• Jeffery H. Kearney and John Kearney, Pine Bluff, AR, for appellee.