DeAndre Askew v. Sears Roebuck and Company, No. 09-1186 (8th Cir. 2009)

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Court Description: Civil case - employment discrimination. Defendant's summary judgment affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1186 ___________ DeAndre L. Askew, Appellant, v. Sears Roebuck and Company, Appellee. * * * Appeal from the United States * District Court for the * Eastern District of Missouri. * * [UNPUBLISHED] * * ___________ Submitted: December 4, 2009 Filed: December 9, 2009 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. DeAndre Askew appeals the District Court s1 adverse grant of summary judgment in his civil action asserting discriminatory termination and defamation. He also appeals the District Court s dismissal of his related assault claim for lack of jurisdiction, and the denial of his motion to compel. We find no error in the Court s denial of Askew s motion to compel, see Fed. R. Civ. P. 33, 34, 37(a)(3), or in the dismissal of Askew's assault claim, which arose out of a work-related confrontation between Askew and another employee, see Mo. Rev. Stat. ยง 287.120 (exclusive rights 1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. and remedies under Missouri Workers Compensation Law); Skit Int l, Ltd. v. DAC Techs. of Ark., Inc., 487 F.3d 1154, 1156 (8th Cir.) (de novo standard of review), cert. denied, 552 U.S. 991 (2007); Person v. Scullin Steel Co., 523 S.W.2d 801, 803 04 (Mo. 1975) (en banc) (assaults that are outgrowth of frictions generated by work itself are covered under Missouri Workers Compensation Law). Upon careful review of the record, see Jacob-Mua v. Veneman, 289 F.3d 517, 520 (8th Cir. 2002) (de novo standard of review), we also conclude that summary judgment was proper for the reasons explained by the District Court. Accordingly, we affirm. ______________________________ -2-

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