Emanuel Swinton v. Hansens Truck Salvage Inc., et al

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED) [4466781] [16-1470]

United States Court of Appeals
For the Eighth Circuit
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No. 16-1470
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Emanuel L. Swinton
lllllllllllllllllllll Plaintiff - Appellant
v.
Hansens Truck Salvage Inc.; U-Pick-It
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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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[Unpublished]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.

Appellate Case: 16-1470

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Date Filed: 11/07/2016 Entry ID: 4466781

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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Appellate Case: 16-1470

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Date Filed: 11/07/2016 Entry ID: 4466781