Tracey Toles v. Coastal Mart, Inc. , 97 F. App'x 61 ( 2004 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 03-2334
    ___________
    Tracey Toles,                         *
    *
    Appellant,                * Appeal from the United States
    * District Court for the
    v.                              * Northern District of Iowa.
    *
    Coastal Mart, Inc.; Mark Thornburg,   * [UNPUBLISHED]
    *
    Appellees.                *
    ___________
    Submitted: April 29, 2004
    Filed: May 12, 2004
    ___________
    Before BYE, McMILLIAN, and RILEY, Circuit Judges.
    ___________
    PER CURIAM.
    Tracey Toles appeals the district court’s1 adverse grant of summary judgment
    in her action brought under Title VII, 42 U.S.C. § 1981, and the Iowa Civil Rights
    Act. Toles sued her former employer, Coastal Mart, Inc., and its area manager, Mark
    Thornburg, claiming race discrimination. Having carefully reviewed the record, see
    Jacob-Mua v. Veneman, 
    289 F.3d 517
    , 520 (8th Cir. 2002), we affirm.
    1
    The Honorable G. Thomas Eisele, United States District Judge for the Eastern
    District of Arkansas, sitting by designation in the Northern District of Iowa.
    Specifically, we reject Toles’s argument that the district court erred by
    concluding defendants’ actions were insufficient to create a trialworthy hostile-work-
    environment claim, see Burkett v. Glickman, 
    327 F.3d 658
    , 662 (8th Cir. 2003) (for
    hostile-work-environment claim to succeed, alleged conduct must be so extreme as
    to change terms and conditions of employment); and we also reject her contention
    that the district court improperly declined to consider her retaliation claim, see Speer
    v. Rand McNally & Co., 
    123 F.3d 658
    , 665 (7th Cir. 1997) (district court was well
    within its discretion not to permit plaintiff to proceed on new theory, raised first in
    summary judgment resistance, as discovery had ended and summary judgment ruling
    was pending). Accordingly, we affirm. See 8th Cir. R. 47B.
    ______________________________
    -2-
    

Document Info

Docket Number: 03-2334

Citation Numbers: 97 F. App'x 61

Judges: Bye, McMILLIAN, Per Curiam, Riley

Filed Date: 5/12/2004

Precedential Status: Non-Precedential

Modified Date: 10/19/2024