United States Eighth Circuit

In a race discrimination action, district court's judgment is affirmed where: 1) the court did not err in dismissing nine plaintiffs' claims, as an allegation of discriminatory surveillance alone is insufficient to state a claim under 42 U.S.C. sec. 1981; and 2) the district court did not err in granting defendant's motion for summary judgment with respect to four plaintiffs' 42 U.S.C. sec. 1981 claims, as there was insufficient evidence to show interference with a protected activity. The case is remanded with directions to modify the final judgment and dismiss the Missouri Human Rights Act claims so that the claims may be decided by the courts of Missouri.

Appellate Information

• Decided 05/12/2009
• Published 05/12/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William D. Rotts, Columbia, MO, argued, for appellants.


• For Appellees:
  
• Jeremiah J. Morgan, Bryan Cave LLP, Kansas City, MO, argued (Lynn S. McCreary on the brief), for appellee.