Filed: Nov. 07, 2016
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-1470 _ Emanuel L. Swinton lllllllllllllllllllll Plaintiff - Appellant v. Hansens Truck Salvage Inc.; U-Pick-It lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: October 20, 2016 Filed: November 7, 2016 [Unpublished] _ Before LOKEN, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. Emanuel Swinton appeals the district court’s1 adverse
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-1470 _ Emanuel L. Swinton lllllllllllllllllllll Plaintiff - Appellant v. Hansens Truck Salvage Inc.; U-Pick-It lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: October 20, 2016 Filed: November 7, 2016 [Unpublished] _ Before LOKEN, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. Emanuel Swinton appeals the district court’s1 adverse ..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-1470
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Emanuel L. Swinton
lllllllllllllllllllll Plaintiff - Appellant
v.
Hansens Truck Salvage Inc.; U-Pick-It
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: October 20, 2016
Filed: November 7, 2016
[Unpublished]
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Before LOKEN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
Emanuel Swinton appeals the district court’s1 adverse grant of summary
judgment in his pro se Title VII employment-discrimination action against his former
1
The Honorable Howard F. Sachs, United States District Judge for the Western
District of Missouri.
employer. We review de novo, see Spears v. Missouri Dep’t of Corr. & Human Res.,
210 F.3d 850, 853 (8th Cir. 2000), and we agree with the district court that Swinton’s
claims of race-based discriminatory discharge and retaliation are time-barred because
he filed his lawsuit over seven months late. See 42 U.S.C. § 2000e-5(f)(1); Baldwin
Cty. Welcome Ctr. v. Brown,
466 U.S. 147, 149 (1984) (per curiam) (Title VII
plaintiff must file suit within 90 days of receiving right-to-sue letter from the Equal
Employment Opportunity Commission). Contrary to Swinton’s assertion, the 90-day
filing window applies equally to claims of race-based retaliation.
Accordingly, we affirm. See 8th Cir. R. 47B.
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