United States v. Anthony Smith

1The Honorable Donovan W. Frank, United States District Judge for the District
of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 10-2737
___________
Tony Dam, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Graco, Inc.; Jim Badzinski, Manager, *
* [UNPUBLISHED]
Appellees. *
___________
Submitted: January 18, 2011
Filed: January 19, 2011
___________
Before MELLOY, GRUENDER, and BENTON, Circuit Judges.
___________
PER CURIAM.
Tony Dam appeals the district court’s 1 adverse grant of summary judgment in
his employment-discrimination action against his former employer Graco, Inc.
(Graco). After careful de novo review, see Murphy v. Mo. Dep’t of Corr., 372 F.3d
979, 982 (8th Cir. 2004), this court concludes that summary judgment was properly
granted. Even assuming Dam made a prima facie case of discrimination, Graco
presented a valid, non-discriminatory reason for his termination – poor job
performance that did not improve – and Dam failed to present a triable issue of fact

-- 1 of 2 --

-2-
on whether that reason was a pretext for discrimination. See Richmond v. Bd. of
Regents of the Univ. of Minn., 957 F.2d 595, 598 (8th Cir. 1992) (poor job
performance is valid, non-discriminatory reason for termination; defendants produced
documentation that plaintiff’s performance was unsatisfactory, plaintiff ignored
progressive warnings, and performance did not improve).
This court affirms. See 8th Cir. R. 47B.
______________________________

-- 2 of 2 --