151415P.pdf   04/25/2016  Cynthia Wilson  v.  Jayne Miller
   U.S. Court of Appeals Case No:  15-1415
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Smith, Circuit 
   Judge] 
   Civil case - Civil rights. In action alleging defendants retaliated 
   against plaintiff, their employee, for her public comments in a newspaper 
   article and at an open meeting for employees by giving her a negative 
   performance rating, ratings that have a negative impact on promotion 
   potential do not constitute an adverse employment action unless the rating 
   actually led to the denial of a promotion, and the evidence here did not 
   support a conclusion that plaintiff would have been selected absent the 
   comments in her performance review; further, plaintiff had not presented 
   evidence that the review was actually used in the selection process and no 
   reasonable jury could draw an inference that the employer did not promote 
   plaintiff because of comments in her performance evaluation; similarly, 
   there was no evidence that plaintiff's protected speech was a substantial 
   or motivating factor in other claimed adverse actions - denial of a 
   promotion and disciplinary actions; the district court did not abuse its 
   discretion by declining to exercise supplemental jurisdiction over 
   plaintiff's pendent state law claims. Judge Smith, dissenting.