United States District Court, N.D. Mississippi, Greenville Division
OPINION AND ORDER
M. BROWN UNITED STATES DISTRICT JUDGE
the Court is Washington County, Mississippi's motion for
summary judgment. Doc. #35.
Rule 56(a) of the Federal Rules of Civil Procedure,
“[s]ummary judgment is proper only when the record
demonstrates that no genuine issue of material fact exists
and the movant is entitled to judgment as a matter of
law.” Luv N' Care, Ltd. v. Groupo Rimar,
844 F.3d 442, 447 (5th Cir. 2016). “A factual issue is
genuine if the evidence is sufficient for a reasonable jury
to return a verdict for the non-moving party, and material if
its resolution could affect the outcome of the action.”
Burton v. Freescale Semiconductor, Inc., 798 F.3d
222, 226 (5th Cir. 2015) (quotation marks omitted). In
evaluating summary judgment issues, a court must
“consider the evidence in the light most favorable to
the nonmoving party and draw all reasonable inferences in its
favor.” Edwards v. Cont'l Cas. Co., 841
F.3d 360, 363 (5th Cir. 2016).
seeking summary judgment, “[t]he moving party bears the
initial responsibility of informing the district court of the
basis for its motion, and identifying those portions of the
record which it believes demonstrate the absence of a genuine
issue of material fact.” Nola Spice Designs, L.L.C.
v. Haydel Enters., Inc., 783 F.3d 527, 536 (5th Cir.
2015) (quotation marks and alterations omitted). If the
moving party satisfies this burden, “the non-moving
party must go beyond the pleadings and by her own affidavits,
or by the depositions, answers to interrogatories, and
admissions on file, designate specific facts showing that
there is a genuine issue for trial.” Id.
(quotation marks omitted). “Where the nonmoving party
bears the burden of proof at trial, the moving party
satisfies this initial burden by demonstrating an absence of
evidence to support the nonmoving party's case.”
Celtic Marine Corp. v. James C. Justice Cos., Inc.,
760 F.3d 477, 481 (5th Cir. 2014).
Background and Procedural History
in 2010, Washington County, Mississippi
(“County”), hired Marcus Maxwell to work as a
mobile maintenance employee in its Buildings and Grounds
Department. Doc. #35-2 at 13-14. Sometime later, Boris
Branden, Maxwell's supervisor, transferred him from
mobile maintenance to the position of park custodian at
Warfield Point Park. Id. at 14-15.
Internal Grievance and Transfer from the Parks
January 3, 2014, Maxwell sent a “letter of
grievance” to Branden, which stated:
This letter of grievance is to inform you of the mistreatment
that you have shown toward me, Marcus Maxwell.
l . You claim to have put me at the park to keep from firing
me. Your words “Stop from putting me out on the
2. I have informed you about the weekend worker, that he is
not doing his job. You said don't worry about him, just
do your job. Come Monday morning I have to ...