James McCray v. Eric Shinseki, No. 13-2294 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case - Employment law. District court's order granting defendant summary judgment on plaintiff's claim he was terminated in retaliation for engaging in protected activity is affirmed, as plaintiff failed to show the legitimate, non-retaliatory reason given for his discharge was a pretext.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2294 ___________________________ James B. McCray lllllllllllllllllllll Plaintiff - Appellant v. Eric K. Shinseki, Secretary Department of Veterans Affairs Agency, in his official capacity lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: April 2, 2014 Filed: April 7, 2014 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. James McCray appeals the district court s1 adverse grant of summary judgment in his employment action, in which he claimed that defendant terminated him in 1 The Honorable Dean Whipple, United States District Judge for the Western District of Missouri. retaliation for engaging in protected activity, in violation of Title VII. After careful de novo review, see Olsen v. Capital Region Med. Ctr., 713 F.3d 1149, 1153 (8th Cir. 2013) (standard of review), we conclude that summary judgment was proper, because defendant presented evidence of a legitimate, non-retaliatory reason for terminating the employment of McCray, a probationary employee, and McCray failed to demonstrate that a genuine issue of fact existed on whether the stated reason was a pretext for illegal retaliation. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ -2-
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