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133605P.pdf   11/28/2014  Timothy Skalsky  v.  Independent School District
   U.S. Court of Appeals Case No:  13-3605
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Riley, Author, with Wollman and Bye, Circuit Judges] Civil case - Civil rights. Plaintiff failed to provide evidence of a connection between his wife's comments at a public meeting and his subsequent reassignment and no reasonable jury could conclude his evidence was sufficient to show his wife's speech was a substantial or motivating factor in the school district's decision to reassign him; assuming plaintiff met his burden of proof under Minn. Stat. Sec. 363A.08, subd 2 regarding discrimination based on marital status, defendant articulated a legitimate, non-discriminatory reason for the reassignment and plaintiff failed to show that the proffered reason was a pretext for discrimination based on marital status; with respect to plaintiff's claim for tortious interference with contract, Minnesota law requires plaintiff to show defendant Brooks and Messer acted with malice, and his evidence was insufficient to establish this element of the cause of action.