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McKoon and Gamble Obtain Summary Judgment

McKoon and Gamble obtain summary judgment for their client, the City of Phenix City, Alabama, in the United States District Court of the Middle District of Alabama.  The court issued summary judgment in favor of the city on the the plaintiff’s § 1983 and § 1985 claims and remanded the remaining state law claims to state court.  The plaintiff’s cliams arose from an incident where two former law enforcement officers were found guilty of using excessive force against the plaintiff.  A third law enforcement officer was at the scene, but did not participate in the use of force.  As to the Section 1985 claim, the court determined that there was no evidence that the officers engaged in a conspiracy and that the plaintiff’s status as a fugitive was not immutable and therefore not within a protected class.  As to the plaintiff’s Section 1983 claim, the court determined that liability could not be found on behalf of the Phenix City because the city’s officer did not exercise any authority either purported or actual.

McKoon and Gamble Obtain Summary Judgment

McKoon and Gamble obtain summary judgment for their client, the City of Phenix City, Alabama, in the United States District Court for the Middle  District of Alabama, Eastern Division.  The plaintiff alleged that she was denied procedural due process by the city when she was terminated for negligently approving fraudulent purchase orders.  The plaintiff also alleged that she was discriminated against because of her gender and that she was treated differently than other male employees.  The opinion held that the plaintiff was not entitled to a hearing because she was an at-will employee and that the plaintiff failed to establish a due process violation under “stigma-plus” because she failed to prove defamation.  The Court also granted summary judgment on the gender discrimination claim because the plaintiff failed to identify any male employees that were similarly situated.

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