Brenda Arnold, Appellant/cross-Appellee v. Nursing & Rehab. Ctr. at Good Shepherd, Llc, Appellee/cross-Appellant, 471 F.3d 843 (8th Cir. 2006). · Go Syfert
Brenda Arnold, Appellant/cross-Appellee v. Nursing & Rehab. Ctr. at Good Shepherd, Llc, Appellee/cross-Appellant, 471 F.3d 843 (8th Cir. 2006). Cases Citing This Book View Copy Cite
“the district court erred" in a race discrimination case "by requiring to show that she performed her job satisfactorily instead of merely requiring her to show that she was qualified”
71 citation events (71 in the last 25 years) across 9 distinct courts.
Strongest positive: Garang v. Smithfield Farmland Corp. (iand, 2020-02-12)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Garang v. Smithfield Farmland Corp.
N.D. Iowa · 2020 · quote attribution · 1 verbatim quote · confidence high
the district court erred" in a race discrimination case "by requiring to show that she performed her job satisfactorily instead of merely requiring her to show that she was qualified
discussed Cited as authority (verbatim quote) Daud v. National Multiple Sclerosis Society
W.D. Mo. · 2018 · quote attribution · 1 verbatim quote · confidence high
a district court may not second-guess an employer's valid, nondiscriminatory employment decisions.
examined Cited as authority (verbatim quote) Hothem v. Schneider (3×) also: Cited as authority (rule)
D.S.D. · 2012 · quote attribution · 1 verbatim quote · confidence high
finding that employees were required to show only that they were qualified for the job, not that they would excel or even meet reasonable expectations.
examined Cited as authority (verbatim quote) Ward v. Von Maur, Inc. (10×) also: Cited as authority (rule), Cited "see"
S.D. Iowa · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
plaintiff may make a sufficient showing of pretext by ... showing that an employer ... failed to follow its own policies
cited Cited as authority (rule) Roderick Sly v. Douglas Collins, Secretary, United States Department of Veterans Affairs
W.D. Mo. · 2026 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 847 (8th Cir. 2006) (citations omitted), abrogated on other grounds by Torgerson v. City of Rochester, 643 F.3d 1031 (8th Cir. 2011).
cited Cited as authority (rule) Whitehill v. AstraZeneca Pharmaceuticals LP
E.D. Mo. · 2024 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845 (8th Cir. 2006)).
cited Cited as authority (rule) Adkins v. University of Ozarks
W.D. Ark. · 2017 · confidence medium
Good Shepherd, LLC, 471 F.3d 843, 847 (8th Cir. 2006).
discussed Cited as authority (rule) Yousuf v. Fairview Health Services
D. Minnesota · 2014 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 847 (8th Cir.2006) (“[E]ven if an employer fires an employee based upon a mistaken belief, the employee still must offer some evidence that racial animus was at the root of the termination.”), abrogated on other grounds by Torgerson v. City of Rochester, 643 F.3d 1031 (8th Cir.2011); E.E.O.C. v. Trans States Airlines, Inc., 462 F.3d 987 , 992 (8th Cir.2006) (‘Whether [employee] actually violated the company policy ... is not dispositive.
discussed Cited as authority (rule) Rahlf v. Mo-Tech Corp., Inc.
8th Cir. · 2011 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 846 (8th Cir.2006) (finding that employees were required to show only that they were qualified for the job, not that they would excel or even meet reasonable expectations).
cited Cited as authority (rule) Torgerson v. City of Rochester
8th Cir. · 2011 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845-46 (8th Cir.2006) ("sparingly," affirming).
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Hibbing Taconite Co.
D. Minnesota · 2010 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 847-48 (8th Cir.2006) (affirming denial of attorneys’ fees despite dismissal of plaintiffs claims at summary judgment).
cited Cited as authority (rule) Chism v. Curtner
8th Cir. · 2010 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 847 (8th Cir.2006) (noting a plaintiff may show pretext by demonstrating that an employer failed to follow its own policies).
discussed Cited as authority (rule) Wisbey v. City of Lincoln, Neb. (2×) also: Cited "see"
8th Cir. · 2010 · confidence medium
Ctr. at Good Shepherd, 471 F.3d 843, 845-46 (8th Cir.2006).
cited Cited as authority (rule) Johnson v. BE & K Construction Co.
S.D. Iowa · 2010 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 847 (8th Cir.2006). 15 .
cited Cited as authority (rule) Lake v. Yellow Transportation, Inc.
8th Cir. · 2010 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 847 (8th Cir.2006).
cited Cited as authority (rule) William Lake v. Yellow Transportation
8th Cir. · 2010 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 847 (8th Cir. 2006).
cited Cited as authority (rule) Lionel Edwards v. American Railcar Industries
8th Cir. · 2010 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845 (8th Cir.2006) (standard of review), we conclude that summary judgment was proper for the reasons stated by the district court.
discussed Cited as authority (rule) Norma Dixon v. Pulaski Co. Spec Sch Dist (2×) also: Cited "see"
8th Cir. · 2009 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845 (8th Cir. 2006).
discussed Cited as authority (rule) Dixon v. Pulaski County Special School District (2×) also: Cited "see"
8th Cir. · 2009 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845 (8th Cir.2006).
discussed Cited as authority (rule) Owens v. United States Department of the Army (2×)
8th Cir. · 2009 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 846 (8th Cir.2006)).
cited Cited as authority (rule) Dock v. Des Moines Independent Community School District
S.D. Iowa · 2009 · confidence medium
Ctr. at Good Shepherd, 471 F.3d 843, 847 (8th Cir.2006).
cited Cited as authority (rule) Frank Tappin v. Tommy Goodwin
8th Cir. · 2008 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 847 (8th Cir.2006).
discussed Cited as authority (rule) Cleotis Johnson v. Arkansas State Hospital
8th Cir. · 2008 · confidence medium
Ctr. at Good Shepherd, 471 F.3d 843, 847 (8th Cir.2006) (proof of pretext includes evidence that employer failed to follow its own policies, treated similarly situated employees in disparate manner, or over time substantially changed proffered reason for employment decision); Putman v. Unity Health Sys., 348 F.3d 732, 733-34, 736 (8th Cir.2003) (insubordination is legitimate reason for termination; to survive summary judgment, plaintiff must substantiate allegations with more than speculations, conjecture, or fantasy).
discussed Cited as authority (rule) Riley v. Lance, Inc. (2×) also: Cited "see"
8th Cir. · 2008 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845 (8th Cir.2006).
discussed Cited as authority (rule) Charles Riley v. Lance, Inc. (2×) also: Cited "see"
8th Cir. · 2008 · confidence medium
Ctr. 1 The Honorable Dean Whipple, then Chief Judge, United States District Court for the Western District of Missouri. at Good Shepard, LLC, 471 F.3d 843, 845 (8th Cir. 2006).
discussed Cited as authority (rule) King v. Hardesty
8th Cir. · 2008 · confidence medium
“Although summary judgment is to be used sparingly in employment discrimination cases, it is appropriate where one party has failed to present evidence sufficient to create a jury question as to an essential element of its claim.” Arnold v. Nursing and Rehabilitation Center at Good Shepherd, LLC, 471 F.3d 843, 846 (8th Cir.2006) (citation omitted).
cited Cited as authority (rule) Sherri Jo Reid v. Pekin Ins. Co.
8th Cir. · 2007 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 846 (8th Cir.2006).
discussed Cited as authority (rule) William M. McGinnis v. Union Pacific RR
8th Cir. · 2007 · confidence medium
Arnold v. Nursing & Rehabilitation Ctr. at Good Shepherd, LLC, 471 F.3d 843, 846 (8th Cir. 2006) (citing Slattery, 248 F.3d at 91 ). “[W]here discharge is at issue and the employer has already hired the employee, the inference of minimal qualification is not difficult to draw.” Slattery, 248 F.3d at 92 .
discussed Cited as authority (rule) McGinnis v. Union Pacific Railroad
8th Cir. · 2007 · confidence medium
Arnold v. Nursing & Rehabilitation Ctr. at Good Shepherd, LLC, 471 F.3d 843, 846 (8th Cir.2006) (citing Slattery, 248 F.3d at 91 ). "[WJhere discharge is at issue and the employer has already hired the employee, the inference of minimal qualification is not difficult to draw.” Slattery, 248 F.3d at 92 .
discussed Cited as authority (rule) Robert Harrison v. United Auto Group
8th Cir. · 2007 · confidence medium
Ctr. at Good Shepherd, 471 F.3d 843, 847 (8th Cir. 2006); Williams v. Saint Luke’s-Shawnee Mission Health Sys., Inc., 276 F.3d 1057, 1059 (8th Cir. 2002); Bell v. Southwestern Bell Wireless, Inc., 19 Fed.
discussed Cited as authority (rule) Harrison v. United Auto Group
8th Cir. · 2007 · confidence medium
Ctr. at Good Shepherd, 471 F.3d 843, 847 (8th Cir.2006); Williams v. Saint Luke’s-Shawnee Mission Health Sys., Inc., 276 F.3d 1057, 1059 (8th Cir.2002); Bell v. Southwestern Bell Wireless, Inc., 19 Fed.Appx. 453, 454 (8th Cir.2001); Clearwater v. Indep.
discussed Cited as authority (rule) Schoonover v. Schneider National Carriers, Inc.
S.D. Iowa · 2007 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845-46 (8th Cir.2006) (“ ‘used sparingly’ ” (quoting Whitley v. Peer Review Sys., Inc., 221 F.3d 1053, 1055 (8th Cir.2000))); Bass v. SBC Commc’ns, Inc., 418 F.3d 870, 873 (8th Cir.2005) (“ ‘seldom ... granted’ ” (quoting Mayer v. Nextel West Corp., 318 F.3d 803, 806 (8th Cir.2003) (quotation marks omitted))); Pope v. ESA Servs., Inc., 406 F.3d 1001, 1006 (8th Cir.2005) (“ ‘seldom ... used’ ” (quoting Stidham, 399 F.3d at 937 )); Rodgers v. U.S. Bank, N.A., 417 F.3d 845, 850 (8th Cir.2005) (“ ‘used sparingly’ ” (quotin…
cited Cited as authority (rule) Meuir v. Greene County Jail Employees
8th Cir. · 2007 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845 (8th Cir.2006).
cited Cited as authority (rule) Meuir v. Greene County Jail Employees
8th Cir. · 2007 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845 (8th Cir.2006).
cited Cited as authority (rule) Lisa Vajdl v. Mesabi Academy of Kidspeace, Inc. Kidspeace Corporation Michael Muehlberg, Equal Employment Opportunity Commission, Amicus on Behalf Of
8th Cir. · 2007 · confidence medium
Ctr. at Good Shepard, LLC, 471 F.3d 843, 845 (8th Cir.2006).
cited Cited as authority (rule) Lisa Vajdl v. Mesabi Academy
8th Cir. · 2007 · confidence medium
Ctr. at Good Shepard, LLC, 471 F.3d 843, 845 (8th Cir. 2006).
cited Cited as authority (rule) Kirt v. Fashion Bug 3253, Inc.
N.D. Iowa · 2007 · confidence medium
Ctr. at Good Shepherd, L.L.C., 471 F.3d 843, 846 (8th Cir.2006) (so formulating the final element of a prima facie case of race discrimination in employment pursuant to Title VII).
examined Cited as authority (rule) Jones v. Cargill, Inc. (3×) also: Cited "see", Cited "see, e.g."
N.D. Iowa · 2007 · confidence medium
Ctr. at Good Shepherd, LLC, 471 F.3d 843, 846 (8th Cir.2006) (applying McDonnell Douglas framework in termination context); accord Twymon, 462 F.3d at 934 (phrasing the second element as requiring Plaintiff to show he was “meeting the employer’s legitimate job ex *1004 pectations”).
discussed Cited "see, e.g." Cone v. Rainbow Play Systems, Inc.
D.S.D. · 2010 · signal: see also · confidence medium
Wheeler v. Aventis Pharmaceuticals, 360 F.3d 853, 859 (8th Cir. 2004); see also Arnold v. Nursing and Rehabilitation Center at Good Shepherd, LLC, 471 F.3d 843, 847 (8th Cir.2006) (“[E]ven if an employer fires an employee based upon a mistaken belief, the employee still must offer some evidence that [illegal] animus was at the root of the termination.”) (quoting Johnson v. AT & T Corp., 422 F.3d 756, 763 (8th Cir. 2005)).
Retrieving the full opinion text from the archive…
Brenda ARNOLD, Appellant/Cross-Appellee,
v.
NURSING AND REHABILITATION CENTER AT GOOD SHEPHERD, LLC, Appellee/Cross-Appellant
05-4055, 05-4270.
Court of Appeals for the Eighth Circuit.
Dec 8, 2006.
471 F.3d 843
Lucien Ramseur Gillham, argued, Little Rock, AR, for appellant., Alan L. Rupe, argued, Wichita, KS, for appellee.
Loken, Smith, Gruender.
Cited by 41 opinions  |  Published
SMITH, Circuit Judge.

Brenda Arnold sued her employer, Nursing and Rehabilitation Center at Good Shepherd (“Good Shepherd”), alleging employment discrimination in violation of 42 U.S.C. § 1981. The district court [1] granted summary judgment in favor of Good Shepherd but denied Good Shepherd’s motion for attorneys’ fees and costs. Arnold appeals the grant of summary judgment. Good Shepherd cross-appeals the court’s denial of its motion for attorneys’ fees and costs. We affirm both judgments.

I. Background

Good Shepherd, a long-term-care-residential facility, employed Brenda Arnold, an African American, as a licensed practical nurse. A resident accused Arnold of verbal abuse. Good Shepherd conducted an investigation into the allegation of abuse, substantiated the claim, and fired Arnold. After Arnold’s termination, the Arkansas Office of Long Term Care conducted an independent investigation and concluded the allegation was unfounded.

Arnold’s complaint alleged race discrimination in violation of 42 U.S.C. § 1981. Good Shepherd moved for summary judgment and the district court, based upon two independent grounds, granted the motion. First, the district court found that Arnold presented no evidence showing that she performed her duties satisfactorily. Second, the court found that Arnold failed to show Good Shepherd’s reason for termination was a mere pretext for racial discrimination.

II. Dismission

“We review de novo a grant of summary judgment, considering the facts in the light most favorable to the nonmoving party. Summary judgment is proper when no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law.” Nat’l Am. Ins. Co. v. W & G, Inc., 439 F.3d 943, 945 (8th Cir.2006) (internal citations omitted). “Although summary judgment is to be used[*846] sparingly in employment discrimination cases, it is appropriate where one party has failed to present evidence sufficient to create a jury question as to an essential element of its claim.” Whitley v. Peer Review Sys., Inc., 221 F.3d 1053, 1055 (8th Cir.2000) (internal citations omitted).

A. Qualification

To make her race discrimination claim, Arnold adduces circumstantial rather than direct evidence. Therefore, we employ the familiar burden-shifting analysis prescribed by McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 506, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). To establish a prima facie case of race discrimination under § 1981, Arnold must show that: (1) she belongs to a protected class; (2) she was qualified for her position; (3) she was discharged; and (4) her discharge occurred in circumstances giving rise to an inference of unlawful discrimination. [2] Johnson v. AT & T Corp., 422 F.3d 756, 761 (8th Cir.2005).

The district court, in granting ' Good Shepherd’s summary judgment motion, determined that Arnold failed to establish a prima facie case. The court found “no reasonable jury could infer that [Good Shepherd] discriminated against [Arnold] on account of her race when there exists no evidence that [Good Shepherd] did not have a good faith belief that [Arnold] was not performing her duties satisfactorily.”

Arnold argues that the district court erred by requiring her to show that she performed her job satisfactorily instead of merely requiring her to show that she was qualified. We agree. By requiring Arnold to prove that she executed her duties satisfactorily, the district court “raised the standard set by the Supreme Court for what suffices to show qualification.” Slattery v. Swiss Reinsurance Am. Corp., 248 F.3d 87, 91 (2nd Cir.2001), cert. denied, 534 U.S. 951, 122 S.Ct. 348, 151 L.Ed.2d 263 (2001).

It is undisputed that Arnold was qualified to serve as a licensed practical nurse. Arnold had served as a licensed practical nurse for nearly a year before her discharge. Accordingly, we hold that the district court erred by requiring Arnold to show that she was performing her job satisfactorily.

B. Pretext

The establishment of a prima facie case creates a rebuttable presumption of discrimination. McCullough v. Real Foods, Inc., 140 F.3d 1123, 1126 (8th Cir.1998). The employer may rebut this presumption by articulating one or more nondiscriminatory reasons for the employment decision. Id. A district court may not second-guess an employer’s valid, non-discriminatory employment decisions. Moschetti v. Chi., Cent. & Pac. R.R. Co., 119 F.3d 707, 710 (8th Cir.1997). Once an employer offers such an explanation, the burden then shifts back to the plaintiff to show that the employer’s explanation is a pretext for discrimination. Yates v. Rexton, Inc., 267 F.3d 793, 798 (8th Cir.2001).

To rebut the presumption of discrimination, Good Shepherd' relied upon its substantiation of an allegation that Arnold verbally abused a resident. Arnold then became obligated to show this reason was pretextual for Good Shepherd’s actual purpose of racial discrimination. The district court found that Arnold offered no proof that the explanation offered by Good Shepherd was a pretext for discrimination.

[*847] On appeal, Arnold disputes the district court’s finding and contends she offered sufficient evidence that the verbal allegations were fabricated and that similarly-situated white employees were punished differently. Although Arnold is correct that she made these arguments, the record evidence does not support a jury finding that Good Shepherd’s reasons were pretextual.

A plaintiff may make a sufficient showing of pretext by different means, including showing that an employer: (1) failed to follow its own policies, Ledbetter v. Alltel Corporate Servs., Inc. 437 F.3d 717 (8th Cir.2006); (2) treated similarly-situated employees in a disparate manner, Putman v. Unity Health Sys., 348 F.3d 732 (8th Cir.2003); and (3) made substantial changes over time in its proffered reason for an employment decision, Kobrin v. Univ. of Minn., 34 F.3d 698 (8th Cir.1994), cert. denied, 522 U.S. 1113, 118 S.Ct. 1046, 140 L.Ed.2d 111 (1998).

Even assuming that Good Shepherd did terminate Arnold’s employment based upon a false complaint, Arnold’s claim still does not survive summary judgment. Regardless of the method employed to prove pretext, a plaintiff “must demonstrate that a discriminatory animus lies behind the defendants’ neutral explanations.” Roxas v. Presentation Coll., 90 F.3d 310, 316 (8th Cir.1996). We have held that even if an employer fires an employee based upon a mistaken belief, the employee still must offer some evidence that racial animus was at the root of the termination. Johnson, 422 F.3d at 763. In the instant case, Arnold fails to offer any evidence suggesting racial animus lies behind Good Shepherd’s neutral explanation of employee misconduct.

Arnold also argues that she showed pretext by proof of disparate treatment. Arnold contends that a similarly-situated white-male employee was not terminated after he actually caused the death of a resident. However, Arnold failed to show that she and the white-male employee were similarly situated. Independent investigations by Good Shepherd, the State of Arkansas, and the local police each concluded the resident’s death was an accident. An employee involved in an accident with a resident, though fatal, is not similarly situated with an employee who intentionally verbally abuses a resident. These situations simply are not sufficiently analogous to support an inference of disparate treatment among similarly-situated employees.

Accordingly, the district court did not err by granting Good Shepherd’s motion for summary judgment.

III. Cross-Appeal

Good Shepherd cross-appeals the district court’s denial of its motion seeking attorneys’ fees and costs. The district court found that the case presented close questions of fact and law and that an award of attorneys’ fees would be inappropriate. The court also found that Arnold had not acted in bad faith or brought a frivolous action. The district court was correct, and we affirm.

A district court’s denial of an award for costs is reviewed for an abuse of discretion. Missouri Pac. R.R. Co. v. Star City Gravel Co., 592 F.2d 455, 459-460 (8th Cir.1979). A district court’s denial of an award for attorneys’ fees is also reviewed for an abuse of discretion. Warner v. Indep. Sch. Dist. No. 625, 134 F.3d 1333, 1336 (8th Cir.1998), cert. denied 525 U.S. 823, 119 S.Ct. 67, 142 L.Ed.2d 53 (1998). We do not grant lightly a defendant’s request for attorneys’ fees. “[S]o long as the plaintiff has ‘some basis’ for the discrimination claim, a prevailing defendant may[*848] not recover attorneys’ fees.” E.E.O.C. v. Kenneth Balk & Assoc., Inc., 813 F.2d 197, 198 (8th Cir.1987).

Although Arnold failed to show she was discriminated against, she brought her claim in good faith and it was not frivolous or unreasonable. Accordingly, we find that the court did not abuse its discretion in denying attorneys’ fees and costs to Good Shepherd.

For the reasons stated, we affirm both judgments of the district court.

1

. The Honorable G. Thomas Eisele, United States District Judge for the Eastern District of Arkansas.

2

. The district court did not determine whether Arnold presented sufficient evidence to establish that her discharge occurred in circumstances giving rise to an inference of unlawful discrimination. We assume, without deciding, that Arnold satisfied this burden.