United States v. Ronald S. Morin

1The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 04-1496
___________
Derek L. Givens, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Cingular Wireless, *
*
Appellee. *
___________
Submitted: February 4, 2005
Filed: February 7, 2005
___________
Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.
___________
PER CURIAM.
Derek L. Givens appeals the district court’s1 adverse grant of summary
judgment in his employment-discrimination action. Having carefully reviewed the
record, see Jacob-Mua v. Veneman, 289 F.3d 517, 520 (8th Cir. 2002) (standard of
review), we affirm.
As to Givens’s hostile-work-environment claim, we agree with the district
court Givens did not show that he was subjected to conduct extreme enough to

-- 1 of 2 --

-2-
change the terms and conditions of his employment, see Burkett v. Glickman, 327
F.3d 658, 662 (8th Cir. 2003), or that the conduct was due to his race or gender. As
to Givens’s retaliation claim, we also agree that placing Givens on a “performance
improvement plan,” without more, did not constitute an adverse employment action,
see Henthorn v. Capitol Communications, Inc., 359 F.3d 1021, 1028 (8th Cir. 2004)
(negative employment review is actionable only if it is later used as basis to alter in
detrimental way terms or conditions of recipient’s employment); and we find no basis
in the record for a constructive-discharge claim, see Summit v. S-B Power Tool, 121
F.3d 416, 421 (8th Cir. 1997) (explaining constructive discharge), cert. denied, 523
U.S. 1004 (1998). Finally, Givens’s complaint about his counsel’s representation in
the district court is not a basis for reversal. See Glick v. Henderson, 855 F.2d 536,
541 (8th Cir. 1988).
Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________

-- 2 of 2 --