DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112264P.pdf 05/10/2012 Edward McDonald v. City of Saint Paul
U.S. Court of Appeals Case No: 11-2264
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Smith,
Circuit Judge]
Civil case - Civil Rights. Plaintiff had no protected property interest in
the position of director of the City's Department of Human Rights and
Equal Economic Opportunity as nothing in the resolution concerning
appointment of the position mandated defendants to strictly apply the City
charter sections governing other positions, precluded the selection
committee from certifying additional finalists or prohibited the mayor from
considering additional finalists; plaintiff presented no evidence that he was
treated differently from similarly situated candidates or that he was the
victim of intentional or purposeful discrimination, and his equal protection
claim failed; plaintiff failed to establish a conspiracy to deny his civil
rights; status as a whistleblower does not entitle one to protection under
42 U.S.C. Sec. 1985; with respect to Title VII and the Minnesota Human
Rights Act, plaintiff failed to establish a prima facie case of retaliation;
Title IX claim was properly rejected; appointment of another to the
position did not constitute extreme and outrageous behavior for purposes
of the tort of intentional infliction of emotional distress.