Santresa Scoggins v. Bank of America, N.A , 457 F. App'x 593 ( 2012 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 11-2873
    ___________
    Santresa Scoggins,                      *
    *
    Appellant,                 *
    * Appeal from the United States
    v.                                * District Court for the
    * Eastern District of Arkansas.
    Bank of America, N.A.,                  *
    * [UNPUBLISHED]
    Appellee.                  *
    ___________
    Submitted: March 1, 2012
    Filed: March 6, 2012
    ___________
    Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.
    ___________
    PER CURIAM.
    Santresa Scoggins appeals the district court’s1 adverse grant of summary
    judgment in her employment-discrimination action against her former employer, Bank
    of America, N.A. (Bank of America). Upon careful de novo review, see Torgerson
    v. City of Rochester, 
    643 F.3d 1031
    , 1042 (8th Cir. 2011) (summary judgment
    standard of review), we find no basis for reversal. We agree with the district court
    that Bank of America proffered a legitimate, non-discriminatory reason for Scoggins’s
    termination, and that Scoggins failed to establish a genuine issue of material fact
    1
    The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
    District of Arkansas.
    under any theory of liability. See Twymon v. Wells Fargo & Co., 
    462 F.3d 925
    , 934-
    35 (8th Cir. 2006) (facially race-neutral statements, without more, do not demonstrate
    racial animus on part of speaker; in absence of direct evidence court applies
    burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 
    411 U.S. 792
     (1973); once plaintiff establishes prima facie case and employer articulates
    legitimate, non-discriminatory reason for termination, employee must demonstrate by
    preponderance of evidence that stated reason was pretext for unlawful discrimination;
    this court has consistently held that violating company policy is legitimate,
    non-discriminatory rationale for terminating employee); see also McCullough v. Univ.
    of Ark. for Med. Scis., 
    559 F.3d 855
    , 860 (8th Cir. 2009) (claims under Title VII and
    Arkansas Civil Rights Act are governed by same standards); cf. Barber v. C1 Truck
    Driver Training, LLC, 
    656 F.3d 782
    , 798 (8th Cir. 2011) (noting that Title VII does
    not set forth general civility code).
    Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
    ______________________________
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