Auer v. City of Minot, No. 17-1535 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the district court's grant of summary judgment in favor of the city in an action brought by plaintiff, the former city attorney for Minot, North Dakota. The court also affirmed the district court's denial of plaintiff's motion seeking to sanction the city for its alleged malfeasance in losing evidence. The court held that plaintiff's sex-based harassment claim failed because the only articulated basis for concluding that she was experiencing sex-based harassment was that the city manager unfavorably compared her work style to the previous city attorney; plaintiff's sex-based retaliation claim failed because she never made a report of sex stereotyping, so such a report could not have been the reason the city fired her; plaintiff did not suffer reputational harm from the allegedly false statements about her job performance and termination in the affidavits accompanying the city's summary judgment motion; and plaintiff cited no authority for the novel proposition that a defendant in a civil action can violate due process simply by submitting evidence in court. Finally, the court held that plaintiff's challenge to the district court's denial of her motion for additional time to respond was not properly before the court; plaintiff forfeited any right to challenge the award of litigation costs; and plaintiff's unopposed motion to seal certain portions of the record was granted.