221613P.pdf   05/02/2023  Larry Johnson  v.  Schulte Hosp. Group, Inc.
   U.S. Court of Appeals Case No:  22-1613
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges] 
   Civil case - Civil rights. Plaintiff failed to show that the reasons the 
   defendant hotel provided for his treatment and the conditions of his stay 
   were pretexts for discrimination; plaintiff failed to provide sufficient 
   probative evidence to support a finding that his treatment at the hotel 
   was so at variance with the treatment guests expected during the early 
   months of the COVID-19 pandemic as to constitute discrimination; with 
   respect to plaintiff's unfair reprisal claim under the Minnesota Human 
   Rights Act, he could not show that the assistant manager called police and 
   had plaintiff escorted from the hotel because of his complaint of 
   discrimination; plaintiff's behavior toward the assistant manager 
   constituted an intervening cause that negated an inference of a causal 
   connection suggested by the temporal proximity of his complaints and the 
   adverse action; because plaintiff could not show discriminatory intent and 
   could not rebut the hotel's non-pretextual justifications for his 
   treatment, the district court properly granted the hotel summary judgment 
   on his Section 1981 discrimination claim; with respect to his Section 1981 
   retaliation claim, it fails for the reasons discussed previously. Judge 
   Kelly, concurring in part and dissenting in part.