United States v. Bryan Boneshirt

10-3108Court of Appeals for the Eighth Circuit31 oct. 2011

Texte intégral

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 11-1425
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Ira J. Gibson, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Eastern District of Arkansas.
*
Millcreek of Arkansas, * [UNPUBLISHED]
*
Appellee. *
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Submitted: September 9, 2011
Filed: October 20, 2011
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Before MURPHY, ARNOLD, and BENTON, Circuit Judges.
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PER CURIAM.
Ira J. Gibson appeals the district court’s adverse grant of summary judgment1
in her employment-discrimination action against her former employer, Millcreek of
Arkansas. After careful de novo review, see Johnson v. Blaukat, 453 F.3d 1108, 1112
(8th Cir. 2006), this court agrees with the district court that summary judgment was
proper. The undisputed evidence shows that Gibson, a teacher, was terminated for
failing to obtain required certification; that she was not similarly situated to several
other teachers who had received extensions of time to obtain certification; and that
The Honorable Susan Webber Wright, United States District Judge for the1
Eastern District of Arkansas.

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there were no openings for the new position that she sought. This court also agrees
with the district court that Gibson did not make a viable 42 U.S.C. § 1983 claim.
The district court is affirmed. See 8th Cir. R. 47B.
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