Damarious Walker v. Rent-A-Center, et al, No. 07-4413 (6th Cir. 2008)

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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 08a0711n.06 Filed: November 19, 2008 No. 07-4413 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT DAMARIOUS WALKER, Plaintiff-Appellant, v. RENT-A-CENTER; FRANK GUISER, in his individual and official capacity, Defendants-Appellees, and JOHN DOE, in his individual and official capacity, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO Before: GIBBONS and COOK, Circuit Judges, and STEEH, District Judge.* COOK, Circuit Judge. Plaintiff Damarious Walker alleges that Frank Guiser, a Rent-ACenter employee, made several racist comments to Walker during a telephone conversation about overdue payments on a lease-purchase agreement. Claiming violations of 42 U.S.C. § 1981 and Ohio Rev. Code § 1345.03, as well as breach of contract, Walker sued Guiser, Rent-A-Center, and a John Doe supervisor. Guiser and Rent-A-Center successfully moved for summary judgment. With * The Honorable George C. Steeh, United States District Judge for the Eastern District of Michigan, sitting by designation. No. 07-4413 Walker v. Rent-A-Center, et al. the benefit of oral argument, and having studied the record and the briefs, we agree with the district court. Because a separate opinion would only duplicate the efforts, we affirm the district court s judgment, which adopted the analysis supporting the magistrate judge s report and recommendation and granted summary judgment to Guiser and Rent-A-Center.

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