United States Eighth Circuit

In a suit against an employer alleging employment discrimination in violation of 42 U.S.C. section 1981, summary judgment for defendant and denial of its motion for attorney's fees and costs are affirmed where: 1) although the district court erred by requiring plaintiff to show that she was performing her job satisfactorily prior to her termination, plaintiff failed to show that defendant's reason for termination was a mere pretext for racial discrimination; and 2) plaintiff did not act in bad faith or bring a frivolous action, for purposes of attorney's fees.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• SMITH, Circuit Judge., Before LOKEN, Chief Judge, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lucien Ramseur Gillham, argued, Little Rock, AR, for appellant.


• For Appellees:
  
• Alan L. Rupe, argued, Wichita, KS, for appellee.