Whitby v. United Parcel Service, Inc.

120 F. App'x 652

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 26, 2005
• Docket: 04-2068
• Status: Unpublished

Opinion

PER CURIAM.

Latwon Whitby appeals the district court’s 1 adverse grant of summary judgment in his Title VII action. Whitby sued United Parcel Service, Inc., for constructive discharge based on his African American race.

Having carefully reviewed the record and considered the arguments Whitby raises on appeal, we agree with the district court that the evidence of the working conditions upon which Whitby based his lawsuit does not support a race-based constructive-discharge claim. See Jacob-Mua v. Veneman, 289 F.3d 517, 520 (8th Cir. 2002) (summary judgment standard of review); Breeding v. Arthur J. Gallagher & Co., 164 F.3d 1151, 1159 (8th Cir.1999) (discussing constructive discharge). Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas.