Carol A. Mummelthie v. City of Mason City, Iowa Alberta Carlene Davis, 78 F.3d 589 (8th Cir. 1996). · Go Syfert
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Carol A. Mummelthie v. City of Mason City, Iowa Alberta Carlene Davis, 78 F.3d 589 (8th Cir. 1996). Cases Citing This Book View Copy Cite
56 citation events (16 in the last 25 years) across 10 distinct courts.
Strongest positive: Loudy v. O'Malley (wvsd, 2024-08-08)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Loudy v. O'Malley
S.D.W. Va · 2024 · confidence medium
In a Court’s review for substantial evidence, the Court may not “undertake to re-weigh conflicting evidence, make credibility determinations, or substitute our judgment for that of the Secretary.” Craig, 78 F.3d at 589.
discussed Cited as authority (rule) Ahlmeyer v. Nevada System (2×) also: Cited "see"
9th Cir. · 2009 · confidence medium
The court avoided the question of whether the ADEA precludes § 1983 claims, instead finding support in the record for the “district court’s finding that [the alleged discriminatory] hiring decision was not based on Mummelthie’s age.” 78 F.3d at 589.
discussed Cited as authority (rule) Ahlmeyer v. Nevada System of Higher Education (2×) also: Cited "see"
9th Cir. · 2009 · confidence medium
The court avoided the question of whether the ADEA precludes § 1983 claims, instead finding support in the record for the "district court’s finding that [the alleged discriminatory] hiring decision was not based on Mummelthie’s age.” 78 F.3d at 589. 7 .
cited Cited "see" Mustafa v. Nebraska Department of Correctional Services
D. Neb. · 2002 · signal: see · confidence high
See 78 F.3d 589 , 1996 WL 102572 (8th Cir.1996) (table).
discussed Cited "see" Kane v. State of Iowa Department of Human Services
N.D. Iowa · 1997 · signal: accord · confidence high
Heideman v. PFL, Inc., 904 F.2d 1262, 1268 (8th Cir.1990), cert. denied, 498 U.S. 1026 , 111 S.Ct. 676 , 112 L.Ed.2d 668 (1991); accord Mummelthie v. City of Mason City, Ia., 873 F.Supp. 1293, 1312 (N.D.Iowa 1995) (ADEA case also quoting Baldwin County Welcome Ctr., 466 U.S. at 152 , 104 S.Ct. at 1726, and finding that the plaintiffs failure to timely file her age discrimination claims entitled the defendant to summary judgment on those claims under the ADEA), aff'd, 78 F.3d 589 (8th Cir.1996) (table opinion); Roush, 838 F.Supp. at 1334 (also citing Baldwin County Welcome Ctr., 466 U.S. at 152…
cited Cited "see, e.g." Great Lakes Gas Transmission Ltd. Partnership v. Essar Steel Minnesota, LLC
D. Minnesota · 2015 · signal: see also · confidence low
Seeds, Inc., 35 F.3d 1226 , 1242 (8th Cir.1994); see also Mummelthie v. City of Mason City, Ia., 873 F.Supp. 1293, 1305 (N.D.Iowa 1995) aff'd sub nom., 78 F.3d 589 (8th Cir.1996).
discussed Cited "see, e.g." Hein v. Arkansas State University
E.D. Ark. · 1997 · signal: see, e.g. · confidence low
See, e.g., Mummelthie v. City of Mason City, 873 F.Supp. 1293 (N.D.Iowa 1995), aff'd without opinion, 78 F.3d 589 (8th Cir.1996)(construing complaint as an inartful attempt to assert plausible federal claims through § 1983 violation of federal constitutional rights to due process and equal protection under the Fourteenth Amendment, or a plausible claim under the ADEA).
Retrieving the full opinion text from the archive…
Carol A. Mummelthie
v.
City of Mason City, Iowa Alberta Carlene Davis
95-2349.
Court of Appeals for the Eighth Circuit.
Mar 8, 1996.
78 F.3d 589
Unpublished

78 F.3d 589

70 Fair Empl.Prac.Cas. (BNA) 928

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well.
Carol A. MUMMELTHIE, Appellant,
v.
CITY of Mason City, Iowa; Alberta Carlene Davis, Appellees.

No. 95-2349NI.

United States Court of Appeals, Eighth Circuit.

Submitted Feb. 22, 1996.
Filed March 8, 1996.

Before FAGG, BOWMAN, and LOKEN, Circuit Judges.

PER CURIAM.

1

Carol A. Mummelthie, an employee in the city clerk's office in Mason City, Iowa, brought this equal protection claim against Mason City and the city clerk, Alberta Carlene Davis. Mummelthie contended Davis failed to promote her to the position of deputy city clerk because of her age. After a bench trial, the district court found no discrimination and entered judgment for Davis. Mummelthie appeals, arguing the district court's finding is clearly erroneous. We disagree. Although the record shows Mummelthie is a competent and experienced clerical employee, the district court could reasonably find Davis chose not to promote her because Davis considered Mummelthie was less qualified than the successful candidate for deputy clerk. Because the record supports the district court's finding that Davis's hiring decision was not based on Mummelthie's age, we affirm. See St. Mary's Honor Center v. Hicks, 113 S.Ct. 2742, 2756 (1993); 8th Cir. R. 47B.