United States Eighth Circuit

In a suit under 42 U.S.C. sections 1981 and 1983 based on plaintiff's failure to receive a promotion, summary judgment for defendant is affirmed where plaintiff could not show that his protected speech was a substantial or motivating factor in defendant's decision to take the adverse employment action, and plaintiff did not submit any evidence showing a legitimate claim of entitlement to the new position.

Appellate Information

• Decided 02/02/2009
• Published 02/02/2009

Judges

• BENTON, Circuit Judge., Before MELLOY and BENTON, Circuit Judges, and MAGNUSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Theresa L. Caldwell, Little Rock, AR, for appellant.


• For Appellees:
  
• Adria Nobles Kimbrough, Little Rock, AR, for appellee.