SCHARNHORST

v.

INDEPENDENT SCHOOL DISTRICT #710

Citator

Cited By

• Moore v. McGRAW Edison Co., 804 F.2d 1026 (8th Cir. 1986)
  …ris-Stowe State College, 702 F. 2d 686, 692-93 (8th Cir.1983). But, convincing evidence of poor job performance can support a defense of RFOTA. See Schamhorst v. Independent School District No. 710, 686 F. 2d 637, 640 (8th Cir.1982), cert. denied, 462 U.S. 1109, 103 S.Ct. 2459, 77 L.Ed.2d 1337 (1983). Furthermore, the outright elimination of an employee’s position pursuant to a company policy having nothing whatever to do with age is a satisfactory RFOTA defense. Marshall, 572 F. 2d at 1272; Moses v. Fal…
• Lewis v. Thigpen, 767 F.2d 252 (5th Cir. 1985)
  …471, 96 S.Ct. 2640, 48 L.Ed.2d 788 (1976), affirmed a trial court’s denial of jury trial made fifteen months after counsel was appointed. Finally, in Scharnhorst v. Independent School District #710, 686 F. 2d 637, 641 (8th Cir. 1982), cert. denied, 462 U.S. 1109, 103 S.Ct. 2459, 77 L.Ed.2d 1337 (1983), the Eighth Circuit strictly applied the waiver provisions of Rule 38 to the pro se, nonprisoner litigant. The court did not discuss the district court’s discretion under Rule 39. Moreover, these other courts…
• Spear v. Dayton's, 771 F.2d 1140 (8th Cir. 1985)
  …excuse his untimeliness was an abuse of discretion. Moreover, this circuit has not afforded pro se litigants any special leniency under Rule 38. See Scharnhorst v. Independent School District No. 710, 686 F. 2d 637, 641 (8th Cir.1982), cert. denied, 462 U.S. 1109, 103 S.Ct. 2459, 77 L.Ed.2d 1337 (1983). C. New Claims Raised on Appeal. Spear claims that Dayton’s intentionally or negligently inflicted emotional distress upon him and his family. These claims have not been presented to the district court and,…