221949P.pdf   03/27/2023  Nicolas Tashman  v.  Advance Auto Parts, Inc.
   U.S. Court of Appeals Case No:  22-1949
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Benton, Author, with Gruender and Shepherd, Circuit Judges] 
   Civil case - Civil rights. The district court did not err in granting 
   defendant summary judgment on plaintiff's claim that defendant's 
   employee's discriminatory conduct amounted to negligent or reckless 
   actions by defendant under Section 213 of the Restatement (Second) of 
   Agency; nor can plaintiff show that defendant improperly hired or retained 
   someone they knew harbored racially hostile propensities; nor did 
   plaintiff show that defendant failed to supervise or prevent the 
   employee's conduct; without showing causation, plaintiff cannot establish 
   that defendant was liable for the employee's conduct under 42 U.S.C. Sec. 
   1981; turning to plaintiff's claim for assault and negligent infliction of 
   emotional distress under Missouri law, the claims were based on 
   intentional torts, and the acts were not within the scope of plaintiff's 
   employment; as a result, defendant was not liable for the acts under a 
   theory of respondeat superior; defendant did not ratify the employee's 
   acts.