Jerry Yeager v. City Water & Light

05-2455Court of Appeals for the Eighth CircuitJun 30, 2006

Full text

1The Honorable J. Leon Holmes, Chief Judge, United States District Court for
the Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2633
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George Spann, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Arkansas Department of Finance and *
Administration, * [UNPUBLISHED]
*
Appellee. *
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Submitted: June 14, 2006
Filed: June 19, 2006
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Before MELLOY, FAGG, and BENTON, Circuit Judges.
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PER CURIAM.
George Spann appeals the district court’s 1 adverse grant of summary judgment
in his Title VII employment-discrimination suit against his former employer, Arkansas
Department of Finance and Administration (AFDA). Having carefully reviewed the
record, see Kincaid v. City of Omaha, 378 F.3d 799, 803-04 (8th Cir. 2004) (de novo
standard of review), we agree with the district court that Spann failed to establish that
AFDA’s proffered legitimate, nondiscriminatory reason for the adverse actions taken

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against Spann--continued performance deficiencies--were pretextual. See Gilooly v.
Mo. Dep’t of Health & Senior Servs., 421 F.3d 734, 739 (8th Cir. 2005) (burden-
shifting analysis). Accordingly, we affirm. See 8th Cir. R. 47B.
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