Gary R. Barnes v. City of Coon Rapids, No. 09-2320 (8th Cir. 2010)

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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. 09-2320 ___________ Gary R. Barnes, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. City of Coon Rapids, Minnesota, * * [UNPUBLISHED] Appellee. * ___________ Submitted: February 5, 2010 Filed: February 23, 2010 ___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Gary R. Barnes appeals the district court s1 adverse grant of summary judgment in his suit against his former employer, the City of Coon Rapids, Minnesota , alleging negligence and violations of the Americans with Disabilities Act, 42 U.S.C. ยง 12101, et seq. (ADA). On appeal, he also asserts a retaliation claim. After carefully reviewing de novo the grant of summary judgment on Barnes s ADA claims, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we find no basis for reversal. We decline to consider either Barnes s negligence claim, which he does not 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. address on appeal, see Griffith v. City of Des Moines, 387 F.3d 733, 739 (8th Cir. 2004) (claims not briefed on appeal are deemed abandoned), or his retaliation claim, which he presents for the first time on appeal, see Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004). Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ -2-

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