Albert Davis v. Francis Harvey, No. 05-3171 (8th Cir. 2006)
Annotate this CaseCourt Description: Civil case - employment discrimination. District court did not err in granting defendant's motion for summary judgment on plaintiff's employment discrimination claims as he failed to show defendant's stated legitimate, non-discriminatory reason for the decision not to promote him was a pretext for discrimination.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3171 ___________ Albert J. Davis, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Francis J. Harvey, Secretary of the * Army, * [UNPUBLISHED] * Appellee. * ___________ Submitted: September 5, 2006 Filed: September 12, 2006 ___________ Before RILEY, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Albert Davis appeals the district court s1 adverse grant of summary judgment in his employment-discrimination action against his employer, the Department of the Army (DOA). Having carefully considered each of Davis s arguments on appeal, see Kasper v. Federated Mut. Ins. Co., 425 F.3d 496, 502 (8th Cir. 2005) (de novo standard of review), we agree with the district court that Davis failed to establish that the DOA s proffered legitimate, nondiscriminatory reason for its decision not to 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. promote him--that the hiree received a higher interview score and possessed better skills for the job--were pretextual. See Gilooly v. Mo. Dep t of Health & Senior Servs., 421 F.3d 734, 739 (8th Cir. 2005) (burden-shifting analysis). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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