OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Wednesday June 19, 2013 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 06/18/2013 ]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.121797P.pdf 06/18/2013 Donna Floyd-Gimon v. University of Arkansas U.S. Court of Appeals Case No: 12-1797 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Chief Judge Riley, Author, with Wollman and Gruender, Circuit Judges]
Civil Case - civil rights. District court's grant of summary judgment in civil rights action alleging violations of due process and equal protection relating to termination for gross misconduct is affirmed. Due process claims failed because employee received all the process she was due; the failure to provide specific examples of altered records does not rise to the level of a due process violation. Claim that employee was deprived of a liberty interest in her reputation without due process failed because employee did not sufficiently, if at all, request a name-clearing hearing. District court did not err in finding employee failed to show direct evidence of gender discrimination and correctly concluded employee did not show the defendants' explanation for terminating her was a pretext for gender discrimination; the comparators were not similarly situated.122654P.pdf 06/18/2013 Jenny Evance v. Trumann Health Services U.S. Court of Appeals Case No: 12-2654 U.S. District Court for the Eastern District of Arkansas - Jonesboro [PUBLISHED] [Chief Judge Riley, Author, with Bright and Benton, Circuit Judges]
Civil Case - employment discrimination. Appeal is limited to review of summary judgment as that was only order designated in the notice of appeal. District court correctly granted summary judgment on discrimination claims, as there was no direct evidence of discrimination and employer articulated legitimate, nondiscriminatory reason for termination and Evance did not show other similarly situated employees were treated more favorably. District court properly granted summary judgment on defamation claims, as there was no evidence to support she was defamed by falsely stating she initiated improper conduct with resident.123766P.pdf 06/18/2013 William Dimercurio v. Deidre Malcom U.S. Court of Appeals Case No: 12-3766 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Arnold, Author, with Gruender and Benton, Circuit Judges]
Civil Case - Rule 41(b) dismissals. After district court rescheduled trial, denied plaintiff's motion for continuance of retrial date, and denied motion for reconsideration, the district court dismissed the case with prejudice for failure to prosecute the appeal on the trial date. District court abused its discretion in denying the continuance and erred in dismissing the case with prejudice. The dismissal with prejudice is reversed and the case remanded.