Richard v. St Tammany Parish Sheriff Department, No. 2:2017cv09703 - Document 142 (E.D. La. 2021)

Court Description: ORDER AND REASONS - IT IS ORDERED that 136 Motion for Partial Summary Judgment is DENIED, as set forth herein. Signed by Judge Martin L.C. Feldman on 7/21/2021. (sa)

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Richard v. St Tammany Parish Sheriff Department Doc. 142 Case 2:17-cv-09703-MLCF-JVM Document 142 Filed 07/21/21 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MARK RICHARD CIVIL ACTION v. NO. 17-9703 ST. TAMMANY PARISH SHERIFF’S DEPARTMENT SECTION “F” ORDER AND REASONS Beauty is in the eye of the beholder, but facts are stubborn things. In 2019, “numerous genuine the plaintiff issues” of claimed fact to regarding have his established “retaliation claims” in opposing the defendant’s motion for summary judgment. See Pl.’s Opp’n to Def.’s Second Mot. for Summ. J. at 24. Now, with a jury trial fast approaching, he insists that despite what he argued before, there is in fact “no genuine issue of material fact regarding his retaliatory discharge from employment” with the defendant sheriff’s department. See Mot. at 1 (emphasis added). Thus, he now claims, there is no longer a need for trial; the summary judgment record conclusively establishes that the defendant had no legitimate reason for the alleged retaliatory discharge at issue. leave open the The defendants respond that the record does question of whether their asserted basis for terminating the plaintiff is genuine or pretentious. 1 Dockets.Justia.com Case 2:17-cv-09703-MLCF-JVM Document 142 Filed 07/21/21 Page 2 of 2 Notwithstanding the plaintiff’s about-face, an objective review of the record confirms that what was true in 2019 remains true today: namely, that significant questions of fact turning largely on witness credibility make summary judgment “patently inappropriate.” See Richard v. St. Tammany Par. Sheriff’s Dep’t, 2019 WL 1670743, at *14 (E.D. La. Apr. 17, 2019). New Orleans, Louisiana, July 21, 2021 _____________________________ MARTIN L. C. FELDMAN UNITED STATES DISTRICT JUDGE 2

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