Patterson v. Yazoo City, Mississippi et al

Filing 128

ORDER concerning matters to be addressed at the scheduled October 12th Hearing. Signed by Honorable David C. Bramlette, III on 09/08/11 (PL)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
HENRY LEWIS PATTERSON, “H.L.”
VERSUS

PLAINTIFF

CIVIL ACTION NO. 5:10-CV-00153-DCB-JMR

YAZOO CITY, MISSISSIPPI;
YAZOO COUNTY, MISSISSIPPI; and
YAZOO RECREATION COMMISSION

DEFENDANTS

ORDER ON EVIDENTIARY HEARING
This Order concerns the matters to be addressed at the
evidentiary hearing scheduled for October 12, 2011. Plaintiff has
moved for summary judgment on his Due Process claim [doc. no. 4].
Defendant

Yazoo

Recreation

Commission

has

moved

for

summary

judgment on all claims [doc. no. 108]. Defendant Yazoo County has
likewise requested summary judgment on all issues [doc. no. 112].
Defendant Yazoo City has asked for summary judgment on Plaintiff’s
ADA and ADEA claims only, conceding that there may be a genuine
issue of fact with respect to Plaintiff’s Due Process claim [doc.
no. 105]. Accordingly, all Parties should be prepared to submit
evidence and testimony concerning (1) whether Plaintiff was fired
for work-related reasons; (2) whether Plaintiff was provided an
opportunity to address his alleged job-performance deficiencies
prior

to

the

termination

of

his

employment;

and

(3)

whether

Plaintiff was in fact employed by Yazoo City and Yazoo County.
SO ORDERED, this the 8th day of September 2011.
/s/David Bramlette
____________________________
UNITED STATES DISTRICT JUDGE