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Shirley Curd v. Hank's Discount Fine Furniture, Inc., Shirley Curd v. Hank's Discount Furniture, Inc. Hank Browne, Individually Jennifer Browne, Individually Ron Gatto, Individually

Citations: 272 F.3d 1039; 2001 U.S. App. LEXIS 25960; 81 Empl. Prac. Dec. (CCH) 40,847; 87 Fair Empl. Prac. Cas. (BNA) 798Docket: 00-2843

Court: Court of Appeals for the Eighth Circuit; December 4, 2001; Federal Appellate Court

Narrative Opinion Summary

This case involves Shirley Curd's appeal against the district court's summary judgment in favor of Hank's Discount Furniture, concerning alleged violations under Arkansas law and Title VII of the Civil Rights Act. Curd, a former office manager at Hank's, claimed her termination and the subsequent opposition to her unemployment benefits constituted retaliation and the tort of outrage, respectively. The district court ruled in favor of Hank's, citing insufficient evidence for retaliation, as Curd's email did not qualify as protected activity, and found no extreme and outrageous conduct necessary for a tort of outrage claim. Curd also filed a separate lawsuit under 42 U.S.C. 1985, which was dismissed for failure to state a claim. In her consolidated appeals, Curd contested pre-judgment rulings, including document production refusal and judicial disqualification, which the appellate court affirmed. The appellate court upheld the district court's rulings, emphasizing established legal precedents on retaliation and tort claims, concluding that Curd failed to meet the causation requirements and that Hank's actions were not extraordinarily intolerable as required for a tort of outrage. Consequently, the appellate court affirmed the district court's decisions in all respects.

Legal Issues Addressed

Causation Requirement in Retaliation Claims

Application: Curd failed to meet the causation requirement for her retaliation claim due to the time elapsed between her email and discharge, and lack of evidence linking the two events.

Reasoning: Curd failed to meet the causation requirement for her claim due to the time elapsed between her email and discharge, as well as a lack of evidence linking the two events, referencing Sherman v. Runyon.

Document Production and Judicial Disqualification

Application: Curd's challenge regarding the refusal to compel document production and disqualification of the presiding judge was affirmed by the appellate court.

Reasoning: Curd challenged both judgments and several pre-judgment rulings, including a refusal to compel document production from the Arkansas Employment Security Division and disqualification of the presiding judge.

Extreme and Outrageous Conduct in Tort Claims

Application: The court found that in at-will employment situations, a discharge alone cannot support a tort of outrage claim.

Reasoning: In at-will employment situations, a discharge alone cannot support such a claim. An employer must act in a way that is extraordinarily intolerable within civilized society, as established in Unicare Homes, Inc. v. Gribble.

Retaliation under Title VII of the Civil Rights Act

Application: The court found that Curd did not establish a prima facie case for retaliation, as her email did not constitute protected activity under Title VII.

Reasoning: Upon review, the appellate court affirmed the district court's decisions, concluding that Curd did not establish a prima facie case for retaliation, as her e-mail did not constitute protected activity under Title VII.

Tort of Outrage

Application: The district court determined that Hank's opposition to Curd's unemployment claim did not meet the threshold of extreme and outrageous conduct required for an outrage claim.

Reasoning: Additionally, it determined that Hank's opposition to her unemployment claim did not meet the threshold of extreme and outrageous conduct required for an outrage claim.