James McCray v. Eric Shinseki

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4141239] [13-2294]

United States Court of Appeals
For the Eighth Circuit
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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
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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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[Unpublished]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.

Appellate Case: 13-2294

Page: 1

Date Filed: 04/07/2014 Entry ID: 4141239

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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Appellate Case: 13-2294

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Date Filed: 04/07/2014 Entry ID: 4141239