From Casetext: Smarter Legal Research

Jackson v. Flint Ink North American Corp.

United States Court of Appeals, Eighth Circuit
Aug 27, 2004
382 F.3d 869 (8th Cir. 2004)

Summary

holding that physically threatening graffiti turned an unactionable claim into one "on the cusp of submissiblity."

Summary of this case from Copeland v. Hussmann Corp.

Opinion

No. 03-2189.

Submitted: February 13, 2004.

Filed: August 27, 2004. Order Denying Petition for Rehearing and for Rehearing En Banc September 3, 2004.

Appeal from the United States District Court for the District of Minnesota, Paul A. Magnuson, J.

Edwin Lee Sisam, argued, Minneapolis, Minnesota (Dorothy J. Buhr and Stephen M. Thompson, Minneapolis, Minnesota, on the brief), for appellant.

R. Scott Davies, argued, Minneapolis, Minnesota (Jason M. Hedican, Minneapolis, Minnesota, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, JOHN R. GIBSON, and RILEY, Circuit Judges.


In light of the supplemental opinion filed August 27, 2004, by the panel, the petition for rehearing en banc is hereby denied as moot.


Herman Jackson filed a petition for rehearing in this case, maintaining that whether an environment is objectively hostile is always a question of fact for a properly instructed jury. We reject this argument. The question of whether an environment is sufficiently hostile to be actionable is a legal question, and, like any legal question, is a matter for the court to decide. In other words, a showing of some minimal level of harassment is necessary before a case is submissible to a jury. A court of course may decide this issue of submissibility on summary judgment. See, e.g., Alagna v. Smithville R-II School Dist., 324 F.3d 975, 979-81 (8th Cir. 2003).

We have, however, reexamined the record to determine whether Mr. Jackson's evidence was sufficient to survive summary judgment, and we now conclude that it was. We refer particularly to Mr. Jackson's deposition testimony (which neither party pointed us to directly) that his name was written in a shower at his workplace and that there was an arrow connecting his name with a burning cross and a KKK sign. We think that an objective observer would regard this combination of figures as a threat of serious bodily harm if not death to Mr. Jackson; and when this threat is combined with all of the other incidents that Mr. Jackson complained of, and which we detailed at length in our previous opinion, see Jackson v. Flint Ink N. Am. Corp., 370 F.3d 791, 793-96 (8th Cir. 2004), we conclude that the present case is governed by Reedy v. Quebecor Printing Eagle, Inc., 333 F.3d 906 (8th Cir. 2003).

We admit that the matter is not altogether free from doubt, and we think that this case is on the cusp of submissibility. But our best judgment is that an objective observer in Mr. Jackson's shoes would be justified in reacting to his situation in a way that would affect a term or condition of his employment.

We note that on remand Flint Ink may deny that it had notice of Mr. Jackson's environment or may assert that they took remedial action sufficient to absolve them from any liability. These matters were not before the court on appeal.

We grant rehearing and reverse the judgment of the district court as to Mr. Jackson's hostile work environment claim, and we remand this case to the district court for further proceedings.


Summaries of

Jackson v. Flint Ink North American Corp.

United States Court of Appeals, Eighth Circuit
Aug 27, 2004
382 F.3d 869 (8th Cir. 2004)

holding that physically threatening graffiti turned an unactionable claim into one "on the cusp of submissiblity."

Summary of this case from Copeland v. Hussmann Corp.

denying summary judgment where plaintiff was subjected to six racially derogatory comments, including use of the word "nigger" in his presence, and particularly because plaintiff witnessed a physically threatening graffiti depicting his name in conjunction with a burning cross and a KKK sign, but noting that the decision to deny summary judgment "is not altogether free from doubt," and that the facts straddled the "cusp of submissibility."

Summary of this case from Woodard v. Casting

denying summary judgment where plaintiff was subjected to six racially derogatory comments, including use of the word "nigger" in his presence, and particularly because plaintiff witnessed a physically threatening graffiti depicting his name in conjunction with a burning cross and a KKK sign, but noting that the decision to deny summary judgment "is not altogether free from doubt," and that the facts straddled the "cusp of submissibility."

Summary of this case from Goodwine v. Casting

reversing the district court's grant of summary judgment and holding that hostile work environment claim was on the "cusp of submissibility" to a jury where a plaintiff was threatened by name with graffiti depicting a burning cross and KKK sign and was subjected to racial slurs on six occasions

Summary of this case from Walker v. TA Operating LLC

incorporating by reference Jackson v. Flint Ink N. Am. Corp., 370 F.3d 791, 793-96 (8th Cir. 2004) and reversing district court's grant of employer's summary judgment motion

Summary of this case from Noree v. Northwest Airlines, Inc.

In Jackson, Jackson's managers had referred to him using racially-derogatory remarks on at least two occasions, his co-workers had made racially-offensive comments on at least four other occasions, and one of his co-workers had written Jackson's name in the workplace shower and drawn an arrow between Jackson's name and a burning cross and KKK sign.

Summary of this case from Anderson v. Hous. Cmty. Coll. Sys.
Case details for

Jackson v. Flint Ink North American Corp.

Case Details

Full title:Herman JACKSON, Appellant, v. FLINT INK NORTH AMERICAN CORPORATION, also…

Court:United States Court of Appeals, Eighth Circuit

Date published: Aug 27, 2004

Citations

382 F.3d 869 (8th Cir. 2004)

Citing Cases

Anderson v. Hous. Cmty. Coll. Sys.

In its summary judgment motion, HCC argued that the trial court should dismiss Anderson's hostile work…

Tyrrell v. Oaklawn Jockey Club

In other words, a showing of some minimal level of harassment is necessary before a case is submissible to a…