Fifth Circuit: United Steel, Paper and Forest v. Anderson

 

As none of the comparators had records as bad as that of the plaintiff, and all of the other plaintiffs derived their interest from the plaintiff's claim, the issue of pretextual justification doesn't present a question for trial.

Equal Protection claim on behalf of the association to which plaintiff belonged is precluded by Supreme Court precedent as a class-of-one claim given the context of discretionary public employment.

Mere assertion that state officers granted immunity by the district court were acting outside the scope of their duties and not in good faith constitutes a forfeiture of the issue on appeal due to lack of argument.


https://www.ca5.uscourts.gov/opinions/pub/20/20-50501-CV0.pdf