Filing 22

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

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?