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· 1/9/1995

Mummelthie v. City of Mason City, Iowa

Citations

  • 873 F. Supp. 1293
  • 1995 U.S. Dist. LEXIS 419
  • 66 Fair Empl. Prac. Cas. (BNA) 1393
  • 1995 WL 12248

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • granting summary judgment in favor of defendants on an employee’s ADEA claim for failure to exhaust administrative remedies, but denying summary judgment on § 1983 claim of violation of right to equal protection because court found genuine issues of material fact
  • property interest arises only when an employer’s discretion is “clearly limited so that the employee cannot be denied employment benefits unless specific conditions are met.”
  • “Absent a threshold showing that she is similarly situated to those who allegedly received favorable treatment, the plaintiff does not have a viable equal protection claim.”
  • “where the facts giving rise to the ADEA violation also give rise to a violation of an independent federal right, secured by statute or the Constitution, a plaintiff may pursue either the ADEA or § 1983 remedy or both.”
  • ADEA case also quoting Baldwin County Welcome Ctr., 466 U.S. at 152, 104 S.Ct. at 1726, and finding that the plaintiffs failure to timely file her age discrimination claims entitled the defendant to summary judgment on those claims under the ADEA
  • “where the facts giving rise to the ADEA violation also give rise to a violation of an independent federal right, secured by statute or the Constitution, a plaintiff may pursue either the ADEA or § 1983 remedy or both.''

Source: CourtListener parenthetical corpus (CC0).

Judges: Bennett

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.