Charleston v. McCarthy, No. 18-1965 (8th Cir. 2019)
Annotate this CasePlaintiff filed suit against the sheriff and several other county employees, alleging various claims related to the treatment plaintiff asserted he suffered as a result of his political beliefs and associations. The Eighth Circuit affirmed the district court's grant of summary judgment to the sheriff on the First Amendment discrimination and retaliation claims. The court held that both claims suffered from the same fatal flaw because they lacked an adverse employment action. In this case, none of the complained-of actions, either together or separately, constitute an adverse employment action.
Court Description: Shepherd, Author, with Gruender and Wollman, Circuit Judges] Civil case - Civil rights. In an action by the loser in a political election for the position of sheriff, claiming that he had been subjected to discrimination and retaliation in violation of his First Amendment rights,the district court did not err in granting defendant summary judgment as plaintiff failed to show he suffered an adverse employment and therefore failed to present a prima facie case of discrimination or retaliation.
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