section 100

Citation: section 100
Parent Document: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/73387/gonzalez-v-lee-county-housing-authority/ ↗

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  In fact, Moran’s Supplemental Brief all but abandons any attempt to
argue that the regulation is ambiguous. Instead, Moran argues that the
regulation does not clearly establish that the Fair Housing Act prevents
a public official from firing an employee for any reason or for
insubordination. See Moran’s Supp. Br. at 5-6. This argument misses the
point.    As long as Gonzalez presents evidence in support of her
allegation that Moran fired her for refusing to engage in racial
discrimination, and that evidence is sufficient to survive a motion for
summary judgment, see infra Part IV.B.2, Moran’s actual motivation for
firing Gonzalez presents classic questions of fact and credibility that
the jury will have to resolve. For purposes of resolving the issue of
qualified immunity at the summary judgment stage of the case, we must
view the evidence in the light most favorable to Gonzalez and determine
whether her allegations, if true, would violate clearly established law.

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