Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Withers v. Johnson

United States Court of Appeals, Eighth Circuit

August 15, 2014

Calvin Withers, Plaintiff - Appellant,
v.
Leon Johnson, Individually and in his Official Capacity as Circuit Judge of Pulaski County Arkansas; Pulaski County, Arkansas, Defendants - Appellees

Submitted April 14, 2014.

Page 999

[Copyrighted Material Omitted]

Page 1000

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock.

For Calvin Withers, Plaintiff - Appellant: Luther Oneal Sutter, Sutter & Gillham, Benton, AR.

For Leon Johnson, Individually and in his Official Capacity as Circuit Judge of Pulaski County Arkansas, Defendant - Appellee: Patricia Van Ausdall Bell, Assistant Attorney General, Attorney General's Office, Little Rock, AR.

For Pulaski County, Arkansas, Defendant - Appellee: David M. Fuqua, Patrick Lee Spivey, Fuqua & Campbell, Little Rock, AR.

Before SMITH, COLLOTON, and GRUENDER, Circuit Judges.

OPINION

Page 1001

COLLOTON, Circuit Judge.

Calvin Withers sued Leon Johnson individually and in his official capacity as a circuit judge in Pulaski County, Arkansas, alleging violations of the Americans with Disabilities Act (" ADA" ), 42 U.S.C. § 12101 et seq., the Rehabilitation Act, 29 U.S.C. § 701 et seq., and the Family and Medical Leave Act (" FMLA" ), 29 U.S.C. § 2601 et seq. Withers also sued Pulaski County for the same alleged statutory violations. After dismissing without prejudice Withers's individual-capacity claims against Johnson under the ADA and the Rehabilitation Act, as well as several other federal and state-law claims that Withers had abandoned, the district court[1] granted summary judgment for Johnson and the County on the remaining claims and dismissed them with prejudice. Withers appeals, and we affirm.

I.

Because we are reviewing a grant of summary judgment, we describe the facts in the light most favorable to Withers. From 2001 to 2011, Withers worked as an assistant bailiff for the First Division of the Pulaski County Circuit Court. In January 2011, Johnson replaced the previous circuit judge in that division, and Withers became an assistant probation officer under Johnson's supervision. According to Withers, his duties as assistant probation officer were to monitor probationers, document their compliance with court-imposed instructions, and provide reports to Johnson when ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.