Ira Gibson v. Millcreek of Arkansa, No. 11-1425 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil Case - employment discrimination. Adverse grant of summary judgment is summarily affirmed. Terminated teacher also did not make a viable civil rights claim.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1425 ___________ Ira J. Gibson, Appellant, v. Millcreek of Arkansas, Appellee. * * * Appeal from the United States * District Court for the * Eastern District of Arkansas. * * [UNPUBLISHED] * * ___________ Submitted: September 9, 2011 Filed: October 20, 2011 ___________ Before MURPHY, ARNOLD, and BENTON, Circuit Judges. ___________ PER CURIAM. Ira J. Gibson appeals the district court s1 adverse grant of summary judgment 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 1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. 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. ยง 1983 claim. The district court is affirmed. See 8th Cir. R. 47B. ______________________________ -2-
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