Marilyn Johnson, et al v. City of Memphi

Filing

OPINION and JUDGMENT filed : The district court s immunity-based dismissal of plaintiffs negligence claim related to the 2000 action is AFFIRMED, the Title VII judgment invalidating the 2002 process is REVERSED thereby MOOTING the plaintiffs challenge to the district court s choice of remedies for the 2002 process. IT IS FURTHER ORDERED that the district court s fees award is VACATED, and the case is REMANDED for further proceedings consistent with the opinion of this court. Decision for publication. Richard F. Suhrheinrich, Julia Smith Gibbons, and Deborah L. Cook (AUTHORING), Circuit Judges. [13-5452, 13-5454]

Case: 13-5452

Document: 65-3

Filed: 10/27/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 13-5452/5454
MARILYN JOHNSON, et al.,
Plaintiffs - Appellants/Cross - Appellees,

FILED
Oct 27, 2014
DEBORAH S. HUNT, Clerk

v.
CITY OF MEMPHIS,
Defendant - Appellee/Cross - Appellant.
Before: SUHRHEINRICH, GIBBONS, and COOK, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED the district court’s immunity-based
dismissal of plaintiffs’ negligence claim related to the 2000 action is AFFIRMED, the Title VII
judgment invalidating the 2002 process is REVERSED thereby MOOTING the plaintiffs’
challenge to the district court’s choice of remedies for the 2002 process. IT IS FURTHER
ORDERED that the district court’s fees award is VACATED, and the case is REMANDED for
further proceedings consistent with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk