CONLEY v. CITY OF LUMPKIN GEORGIA et al

Filing 22

ORDER denying 12 Motion for Summary Judgment. Ordered by US DISTRICT JUDGE CLAY D. LAND on 7/18/2017 (tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
CHAD CONLEY,

*

Plaintiff,

*

vs.

*

CITY OF LUMPKIN, GEORGIA &
CHARLES GIBSON, individually
and in his former official
capacity as Mayor of the City
of Lumpkin, Georgia

*

Defendants.

CASE NO. 4:16-CV-145 (CDL)

*
*
*

O R D E R
Some motions are easier to decide than others.
motion

for

summary

judgment

is

one

of

those.

Defendants’
Plaintiff

testified that the former mayor of the City of Lumpkin, Georgia
directed the City’s chief of police to demote Plaintiff from his
position as assistant chief in order to replace Plaintiff, who
is white, with a black assistant chief.

The chief complied with

the mayor’s directive, explaining to Plaintiff that the City of
Lumpkin needed “a black man in the power position.”

The mayor

unashamedly confirmed this motive to Plaintiff according to the
Plaintiff’s testimony.

Having thoroughly reviewed the record,

the Court easily finds that genuine factual disputes exist as to
whether

Defendants

are

liable

to

Plaintiff

for

race

discrimination relating to his demotion pursuant to 42 U.S.C. §§

1981 and 1983 and Title VII.1

Accordingly, Defendants motion for

summary judgment (ECF No. 12) is denied.

Fed. R. Civ. P. 56(a).

Additional explanation seems pointless.
IT IS SO ORDERED, this 18th day of July, 2017.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

1

Based on Plaintiff’s response to Defendants’ motion for summary
judgment, the Court finds that Plaintiff has abandoned all claims
except for his race discrimination claim arising from his demotion.

2