032189P.pdf   08/27/2004  Herman Jackson  v.  Flint Ink
   U.S. Court of Appeals Case No:  03-2189
   District of Minnesota   
   Civil Case - hostile work environment. Petition for panel rehearing is 
   granted. Question whether environment is sufficiently hostile to be 
   actionable is a question of law. On reexamination, evidence was 
   sufficient to survive summary judgment and district court's grant of 
   summary judgment is reversed and the case remanded. [PUBLISHED] 
   [M. Arnold, Author, with John R. Gibson and Riley, Circuit Judges] 
  
032189P.pdf   06/07/2004  Herman Jackson  v.  Flint Ink
   U.S. Court of Appeals Case No:  03-2189
   District of Minnesota   
   Civil case - Employment discrimination. Racially offensive slurs 
   plaintiff experienced at his workplace were infrequent and few in number 
   and were not sufficient to establish the existence of hostile work 
   environment; the record did not establish that burning cross graffiti in the 
   company's locker room was a death threat aimed directly at plaintiff, as 
   opposed to a generically threatening expression of sympathy with the 
   Klan, and the graffiti was not sufficient to create a jury issue as to 
   whether plaintiff was subjected to a hostile work environment; district 
   court did not err in granting summary judgment on plaintiff's retaliation 
   claim in light of plaintiff's extensive disciplinary record and the highly 
   tenuous connection between his complaints about his work situation and 
   his termination. Judge John R. Gibson, dissenting. 
   [PUBLISHED][M. Arnold, Author, with Gibson and Riley, Circuit Judges]