Lawson v. Arkansas Department of Human Services

Eighth Circuit

Lawson v. Arkansas Department of Human Services

145 F. App'x 189

CourtCourt of Appeals for the Eighth Circuit

DecidedOctober 14, 2005

Docket04-3816

StatusUnpublished

This text of 145 F. App'x 189 (Lawson v. Arkansas Department of Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lawson v. Arkansas Department of Human Services, 145 F. App'x 189 (8th Cir. 2005).

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Opinion

PER CURIAM.

Latonieo Lawson appeals the district court’s 1 adverse grant of summary judgment in his Title VII action alleging discrimination based on his race (African-American). Having carefully reviewed the record, see Howard v. Columbia Pub. Sch. Dist., 363 F.3d 797, 800 (8th Cir.) (standard of review), cert. denied, — U.S. -, 125 S.Ct. 436, 160 L.Ed.2d 318 (2004), we agree with the district court that Lawson failed to create any trialworthy issues on his hostile-work-environment or constructive-discharge claims, because the conduct he identified was not sufficiently severe or pervasive, see, Duncan v. Gen. Motors Corp., 300 F.3d 928, 934 (8th Cir.2002), cert. denied, 538 U.S. 994, 123 S.Ct. 1789, 155 L.Ed.2d 695 (2003), and did not reflect intolerable working conditions, see Breeding v. Arthur J. Gallagher & Co., 164 F.3d 1151, 1159 (8th Cir.1999). We further find that the district court properly granted summary judgment on Lawson’s disparate-treatment claim because he did not adduce evidence showing that individuals outside his protected group were treated more favorably and were similarly situated in all relevant respects. See Gilooly v. Mo. Dep’t of Health & Senior Servs., 421 F.3d 734, 739 (8th Cir.2005). We note that Lawson cannot obtain reversal by asserting that he received ineffective assistance of counsel. See Glide v. Henderson, 855 F.2d 536, 541 (8th Cir.1988).

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

1

. The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas.

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PER CURIAM.

Latonieo Lawson appeals the district court’s 1 adverse grant of summary judgment in his Title VII action alleging discrimination based on his race (African-American). Having carefully reviewed the record, see Howard v. Columbia Pub. Sch. Dist., 363 F.3d 797, 800 (8th Cir.) (standard of review), cert. denied, — U.S. -, 125 S.Ct. 436, 160 L.Ed.2d 318 (2004), we agree with the district court that Lawson failed to create any trialworthy issues on his hostile-work-environment or constructive-discharge claims, because the conduct he identified was not sufficiently severe or pervasive, see, Duncan v. Gen. Motors Corp., 300 F.3d 928, 934 (8th Cir.2002), cert. denied, 538 U.S. 994, 123 S.Ct. 1789, 155 L.Ed.2d 695 (2003), and did not reflect intolerable working conditions, see Breeding v. Arthur J. Gallagher & Co., 164 F.3d 1151, 1159 (8th Cir.1999). We further find that the district court properly granted summary judgment on Lawson’s disparate-treatment claim because he did not adduce evidence showing that individuals outside his protected group were treated more favorably and were similarly situated in all relevant respects. See Gilooly v. Mo. Dep’t of Health & Senior Servs., 421 F.3d 734, 739 (8th Cir.2005). We note that Lawson cannot obtain reversal by asserting that he received ineffective assistance of counsel. See Glide v. Henderson, 855 F.2d 536, 541 (8th Cir.1988).

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

1

. The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas.

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145 F. App'x 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-arkansas-department-of-human-services-ca8-2005.

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