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.
183230P.pdf 12/13/2019 David McConnell v. Anixter, Inc.
U.S. Court of Appeals Case No: 18-3230
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Gruender, Author, with Kelly and Erickson, Circuit Judges]
Civil case - Uniformed Services Employment and Reemployment Rights Act.
Certain condescending and disparaging remarks about plaintiff's military
service were not actionable under the USERRA; order to perform some manual
labor did not exceed plaintiff's disability restriction and was not
materially adverse; denial of request to use a service dog was not
sufficiently adverse to be actionable; the burden is on plaintiff to show
his military status was a motivating factor in defendant's decision to
terminate him and plaintiff failed to present sufficient evidence to make
a threshold showing that his status was a motivating factor in his
termination.