Filed: Apr. 07, 2014
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-2294 _ James B. McCray lllllllllllllllllllll Plaintiff - Appellant v. Eric K. Shinseki, Secretary Department of Veterans Affairs Agency, in his official capacity lllllllllllllllllllll Defendant - Appellee _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: April 2, 2014 Filed: April 7, 2014 [Unpublished] _ Before WOLLMAN, BOWMAN, and KELLY, Circuit Judges. _ PER CURIAM. James McC
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-2294 _ James B. McCray lllllllllllllllllllll Plaintiff - Appellant v. Eric K. Shinseki, Secretary Department of Veterans Affairs Agency, in his official capacity lllllllllllllllllllll Defendant - Appellee _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: April 2, 2014 Filed: April 7, 2014 [Unpublished] _ Before WOLLMAN, BOWMAN, and KELLY, Circuit Judges. _ PER CURIAM. James McCr..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-2294
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James B. McCray
lllllllllllllllllllll Plaintiff - Appellant
v.
Eric K. Shinseki, Secretary Department of Veterans Affairs Agency, in his official capacity
lllllllllllllllllllll Defendant - Appellee
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: April 2, 2014
Filed: April 7, 2014
[Unpublished]
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Before WOLLMAN, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
James McCray appeals the district court’s1 adverse grant of summary judgment
in his employment action, in which he claimed that defendant terminated him in
1
The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.
retaliation for engaging in protected activity, in violation of Title VII. After careful
de novo review, see Olsen v. Capital Region Med. Ctr.,
713 F.3d 1149, 1153 (8th Cir.
2013) (standard of review), we conclude that summary judgment was proper, because
defendant presented evidence of a legitimate, non-retaliatory reason for terminating
the employment of McCray, a probationary employee, and McCray failed to
demonstrate that a genuine issue of fact existed on whether the stated reason was a
pretext for illegal retaliation.
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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