Adams v. Tyson Foods, Inc.

U.S. Court of Appeals for the Eighth Circuit
Adams v. Tyson Foods, Inc., 433 F. App'x 487 (8th Cir. 2011)

Adams v. Tyson Foods, Inc.

Opinion

[UNPUBLISHED]

PER CURIAM.

Dale Adams appeals the district court’s 1 adverse grant of summary judgment in his employment-discrimination action against his former employer, Tyson Foods. Upon careful de novo review, we conclude that the district court properly granted Tyson Foods summary judgment, because Adams failed to present a trialworthy issue as to whether Tyson’s legitimate, non-discriminatory reason for his termination was a pretext for unlawful discrimination. See Tusing v. Des Moines Indep. Cmty. Sch. Dist., 639 F.3d 507, 514-18 (8th Cir. 2011) (standard of review; burden-shifting analysis); Manning v. American Republic Ins. Co., 604 F.3d 1030, 1044 (8th Cir.) (absenteeism constitutes legitimate, non-discriminatory reason for termination), cert. denied, — U.S. -, 131 S.Ct. 648, 178 L.Ed.2d 480 (2010); Bloom v. Metro Heart Grp. of St. Louis, Inc., 440 F.3d 1025, 1028-29 (8th Cir. 2006) (conclusory allegations and speculation are insufficient to defeat summary judgment).

Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Adams’s pending motions for an injunction and sanctions.

1

. The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas.

Reference

Full Case Name
Dale Brent ADAMS, Appellant, v. TYSON FOODS, INC., Appellee
Status
Unpublished