A U.S. District Court judge issued a partial summary judgment Friday in the case of a Pine Bluff fire battalion chief who accused the city's mayor of discriminating against him when hiring a new fire chief.
Judge D. Price Marshall Jr. of Arkansas' Eastern District determined that James Moore's claim of age discrimination can proceed to trial but said his claim of racial discrimination will not move forward.
In December 2011, then-Pine Bluff Mayor Carl Redus hired Shauwn Howell as chief of Pine Bluff Fire and Emergency Services. Howell, who had been serving as interim fire chief since former Chief Dannie Smith's retirement in April 2011, was selected over Moore, the battalion fire chief.
In January 2013, Moore filed suit against the city, alleging racial and age discrimination in the hiring process. Moore is white and was 49 at the time Howell was hired as fire chief. Howell is black and was 43.
In November, the city requested a summary judgment, arguing that Moore did not have enough evidence to support his claims.
On Friday, Marshall granted Pine Bluff's request on the claim of racial discrimination but not on Moore's age-discrimination claim.
Sara Teague, a staff attorney with the Arkansas Municipal League who is representing Pine Bluff in the case, said she was disappointed that the full summary judgment was not granted.
"The city was hoping for a dismissal of the suit in its entirety, but we are pleased that the racial-discrimination claim was dismissed," she said. "We'll continue to litigate and challenge that [age discrimination] claim in the lawsuit."
James Stanley, Moore's lawyer, said Friday that he had not read the judgment and would have to talk to his client before commenting.
Metro on 05/31/2014