Rioux v. City of Atlanta, Ga.

EDMONDSON, Chief Judge,

concurring in the result:

I would not reach the qualified immunity issue because I think the record established no violation of the Constitution. Plaintiff can point to no comparator. The decisions set out in today’s court opinion to support a prima facie case are not being followed, but are being extended to the disciplinary-demotion situation. I also doubt that Plaintiff has presented suffi*1286cient evidence of pretext. If I believed this record did establish pretext, I would worry that qualified immunity could not apply: no mixed motive, just an unlawful discriminatory one.