Darnetta Tyus V City Of College Park Georgia

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Automated Summary

Key Facts

Darnetta Tyus appealed a district court order granting partial summary judgment to the City of College Park on her gender-based employment discrimination and retaliation claims under 42 U.S.C. § 1983, and Equal Protection Clause violations. The district court dismissed Tyus's claims but left McCrary's claims pending. The Eleventh Circuit dismissed the appeal for lack of jurisdiction because the order was not final (as McCrary's claims remained) and was not certified for immediate review.

Issues

The court dismissed the appeal for lack of jurisdiction, as the district court's order granting partial summary judgment was not final (because McCrary's claims remained pending) and was not certified for immediate review under Rule 54(b).

Holdings

The Eleventh Circuit dismissed Darnetta Tyus's appeal for lack of jurisdiction. The district court's September 30, 2025, order granting partial summary judgment was not final because McCrary's claims remained pending and the order was not certified for immediate review. The court also held that the order was not appealable under the collateral order doctrine as it did not resolve an issue completely separate from the merits.

Legal Principles

The court applied the requirement that an appeal must be from a final order to be properly brought. The district court's order was not final because it did not dispose of all claims (McCrary's claims remain pending) and was not certified for immediate review under Rule 54(b). Additionally, the order did not meet the requirements of the collateral order doctrine as it did not resolve an issue separate from the merits. Therefore, the court dismissed the appeal for lack of jurisdiction.

Precedent Name

  • Supreme Fuels Trading FZE v. Sargeant
  • PlaintiffA v. Schair
  • CSX Transp., Inc. v. City of Garden City

Cited Statute

  • United States Code, Title 28
  • Civil Rights Act of 1871 (42 U.S.C. § 1983)

Judge Name

  • Jordan
  • Grant
  • Jill Pryor

Passage Text

  • We lack jurisdiction over Tyus's appeal because the September 30 order is not final and appealable, as it did not end the litigation on the merits—McCrary's claims remain pending—and the district court did not certify it for immediate review.
  • Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction.