Jonathan Dorris v. TXD Services

LOKEN, Circuit Judge.

Jonathan Dorris, a member of the Arkansas Army National Guard, appeals the district court’s grant of summary judgment dismissing his claim that TXD Services (“TXD”) violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§ 4301 et seq., when it terminated Dorris while he was deployed on active duty in Iraq. The legal basis of the claim changed during the summary judgment process. After careful review, we conclude the modified claim turns on one or more essential facts that the summary judgment record simply does not address.…