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.
153532P.pdf 02/27/2017 Kelly Heim v. BNSF Railway Company
U.S. Court of Appeals Case No: 15-3532
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Melloy, Author, with Colloton and Shepherd, Circuit Judges]
Civil case - Federal Railroad Safety Act. The district court correctly
determined that plaintiff must show intentional retaliation in order to
prevail on his claim that his discipline violated the employee-protections
provisions of the Act, and it did not err in granting defendant's motion
for summary judgment on the ground that plaintiff had failed to produce
sufficient evidence of intentional retaliation. See Kuduk v. BNSF Railway
Co., 768 F.3d 786 (8th Cir. 2014).