033266P.pdf   10/15/2004  David Griffith  v.  City of Des Moines
   U.S. Court of Appeals Case No:  03-3266
   Southern District of Iowa   
   Civil case - Employment Discrimination. The Supreme Court's 
   decision in Desert Palace v. Costa, 123 S. Ct. 2148 (2003) has no impact 
   on prior Eighth Circuit summary judgment practice; here, plaintiff 
   produced no direct evidence that racial or ethnic discrimination motivated 
   any alleged adverse employment action against him; therefore, he must 
   produce sufficient circumstantial evidence of illegal discrimination under 
   the McDonnell Douglas paradigm by presenting a prima facie case of 
   intentional discrimination plus sufficient evidence that one or more of the 
   City's proffered nondiscriminatory reasons for the action was a pretext 
   for unlawful discrimination; applying this analysis, the district court's 
   grant of the City's motion for summary judgment is affirmed. Judge 
   Magnuson, concurring. 
   [PUBLISHED] [Loken, Author, with Bye, Circuit Judge and 
   Magnuson, District Judge]