Barbara Kehr v. Principal Life Insurance Co, No. 10-3849 (8th Cir. 2011)

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Court Description: Civil case - employment discrimination. Plaintiff was not a qualified individual under the ADA because she admitted she could not perform the essential functions of her job; plaintiff's pretext argument failed because she failed to present a prima facie case of discrimination.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-3849 ___________ * Barbara Kehr, * * Appellant, * Appeal from the United States * District Court for the v. * District of Nebraska. * Principal Life Insurance Company, * [UNPUBLISHED] * Appellee. * * ___________ Submitted: September 7, 2011 Filed: September 8, 2011 ___________ Before MURPHY, ARNOLD, and BENTON, Circuit Judges. ___________ PER CURIAM. Barbara Kehr appeals the district court s1 adverse grant of summary judgment in her disability-discrimination action. After careful de novo review, see Murphy v. Mo. Dep t of Corr., 372 F.3d 979, 982 (8th Cir. 2004), this court affirms. Kehr was not a qualified individual because she admitted she could not perform the essential functions of her job, see Wisbey v. City of Lincoln, Neb., 612 F.3d 667, 672-73 (8th 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. Cir. 2010). Kehr s pretext argument fails because she failed to present a prima facie case of discrimination. This court affirms. See 8th Cir. R. 47B. ______________________________ -2-

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