Richard Purcell v. Union Pacific Railroad

U.S. Court of Appeals for the Eighth Circuit
Richard Purcell v. Union Pacific Railroad, 420 F. App'x 650 (8th Cir. 2011)

Richard Purcell v. Union Pacific Railroad

Opinion

PER CURIAM.

Richard Purcell appeals following the adverse grant of summary judgment by the District Court 1 in his civil action claiming retaliation for filing safety complaints. After careful de novo review, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we agree with the District Court that under the statute at issue as it existed during the events underlying this complaint, 49 U.S.C. § 20109(a) (2006), Purcell was not entitled to relief. We decline his invitation to retroactively apply a subsequent amendment to the statute, see Landgraf v. USI Film Prods., 511 U.S. 244, 266-68, 280, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994), and we conclude that the District Court did not abuse its discretion in staying discovery, see Steinbuch v. Cutler, 518 F.3d 580, 590 (8th Cir.), cert. denied, — U.S. -, 129 S.Ct. 223, 172 L.Ed.2d 242 (2008).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Thomas J. Shields, United States Magistrate Judge for the Southern District of Iowa, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).

Reference

Full Case Name
Richard L. PURCELL, Appellant, v. UNION PACIFIC RAILROAD, Appellee
Status
Unpublished