Tony Dam v. Graco, Inc., et al
Filing
PER CURIAM OPINION FILED - THE COURT: MICHAEL J. MELLOY, RAYMOND W. GRUENDER and DUANE BENTON (UNPUBLISHED) [3745924] [10-2737]
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 10-2737
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Tony Dam,
*
*
Appellant,
*
* Appeal from the United States
v.
* District Court for the
* District of Minnesota.
Graco, Inc.; Jim Badzinski, Manager, *
* [UNPUBLISHED]
Appellees.
*
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Submitted: January 18, 2011
Filed: January 19, 2011
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Before MELLOY, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Tony Dam appeals the district court’s1 adverse grant of summary judgment in
his employment-discrimination action against his former employer Graco, Inc.
(Graco). After careful de novo review, see Murphy v. Mo. Dep’t of Corr., 372 F.3d
979, 982 (8th Cir. 2004), this court concludes that summary judgment was properly
granted. Even assuming Dam made a prima facie case of discrimination, Graco
presented a valid, non-discriminatory reason for his termination – poor job
performance that did not improve – and Dam failed to present a triable issue of fact
1
The Honorable Donovan W. Frank, United States District Judge for the District
of Minnesota.
Appellate Case: 10-2737
Page: 1
Date Filed: 01/19/2011 Entry ID: 3745924
on whether that reason was a pretext for discrimination. See Richmond v. Bd. of
Regents of the Univ. of Minn., 957 F.2d 595, 598 (8th Cir. 1992) (poor job
performance is valid, non-discriminatory reason for termination; defendants produced
documentation that plaintiff’s performance was unsatisfactory, plaintiff ignored
progressive warnings, and performance did not improve).
This court affirms. See 8th Cir. R. 47B.
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Appellate Case: 10-2737
Page: 2
Date Filed: 01/19/2011 Entry ID: 3745924
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