DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112713P.pdf 09/13/2012 David Buehrle v. City of O'Fallon, Missouri
U.S. Court of Appeals Case No: 11-2713
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Melloy and Smith, Circuit Judge]
Civil case - Employment discrimination. Plaintiff's speech was
delivered pursuant to his official duties and his comments were not
insulated by the First Amendment from discipline; absent any showing
that age of the other applicants for positions factored into the decision-
maker's selection, plaintiff failed to meet his burden of proof under the
Missouri Human Rights Act; plaintiff's Age Discrimination in
Employment Act claim failed because he could not meet the ADEA's
standard that age was the "but-for" cause of the employer's adverse
action; plaintiff's admission that the reason for adverse employment
actions was not exclusively, if at all, his filing of a workers'
compensation claim was fatal to his retaliation claim under the Missouri
Workers' Compensation Act.