Deutsch v. Jordan, No. 09-8042, involved an action bringing federal civil-rights and state-law claims against the City of Laramie, Wyoming, based on plaintiff’s termination as police chief.  The court affirmed in part the denial of summary judgment for defendant, holding that 1) not only was speech alleging that the police chief misused city funds ordinarily speech on a matter of public concern, but so, too, was speech defending against such allegations; and 2) the court of appeals could not rule in defendant’s favor without reversing the district court’s determination that there was a factual dispute regarding her state of mind.

In Jones v. Okla. City Pub. Sch., No. 09-6108, an action alleging discrimination in violation of the Age Discrimination in Employment Act (ADEA), the court reversed summary judgment for defendants where, although the district court found that plaintiff produced sufficient evidence to establish a prima facie case of discrimination and submitted evidence to show that defendant’s proffered explanations for her demotion were pretextual, it then engaged in a “pretext plus” analysis in rendering its decision erroneously granting summary judgment on the ground that no reasonable juror could find that defendant had committed age discrimination.

Related Resources

  • Full Text of Deutsch v. Jordan, No. 09-8042
  • Full Text of State Farm Mut. Auto. Ins. Co. v. Fisher, No. 09-6108
  • Full Text of Jones v. Okla. City Pub. Sch., No. 09-6108

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