Peggy Battles v. Thompson Hospitality Service

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Diana E. Murphy and Lavenski R. Smith (UNPUBLISHED) [4125233] [13-2250]

United States Court of Appeals
For the Eighth Circuit
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No. 13-2250
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Peggy Battles
lllllllllllllllllllll Plaintiff - Appellant
v.
Thompson Hospitality Services LLC, Originally Sued As Thompson Hospitality
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
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Submitted: February 7, 2014
Filed: February 20, 2014
[Unpublished]
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Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.
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PER CURIAM.
Peggy Battles appeals from the district court’s1 adverse grant of summary
judgment in her action under the Age Discrimination in Employment Act (ADEA),
1

The Honorable Kristine G. Baker, United States District Judge for the Eastern
District of Arkansas.

Appellate Case: 13-2250

Page: 1

Date Filed: 02/20/2014 Entry ID: 4125233

29 U.S.C. § 623. Upon our careful de novo review, see Gibson v. Am. Greetings
Corp., 670 F.3d 844, 852 (8th Cir. 2012), we agree with the district court that Battles
failed to demonstrate that a genuine issue of material fact existed on whether (1) her
former employer’s legitimate and nondiscriminatory reason for terminating her
employment was a pretext for age discrimination; and (2) she was subjected to a
hostile work environment based on her age. We also agree with the court that the
retaliation claim fails, because Battles did not administratively exhaust the claim
before filing this suit.2 Accordingly, we affirm. See 8th Cir. R. 47B.
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2

To the extent Battles argues on appeal that her counsel below was deficient
in representing her, we note that there is no constitutional or statutory right to
effective assistance of counsel in a civil case. See Taylor v. Dickel, 293 F.3d 427,
431 (8th Cir. 2002).
-2-

Appellate Case: 13-2250

Page: 2

Date Filed: 02/20/2014 Entry ID: 4125233