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JACKSON v. FLINT INK NORTH AMERICAN CORP.

No. 03-2189.

382 F.3d 869 (2004)

Herman JACKSON, Appellant, v. FLINT INK NORTH AMERICAN CORPORATION, also known as Flint Ink Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 27, 2004.

Attorney(s) appearing for the Case

Edwin Lee Sisam, argued, Minneapolis, Minnesota (Dorothy J. Buhr and Stephen M. Thompson, Minneapolis, Minnesota, on the brief), for appellant.

R. Scott Davies, argued, Minneapolis, Minnesota (Jason M. Hedican, Minneapolis, Minnesota, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, JOHN R. GIBSON, and RILEY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Herman Jackson filed a petition for rehearing in this case, maintaining that whether an environment is objectively hostile is always a question of fact for a properly instructed jury. We reject this argument. The question of whether an environment is sufficiently hostile to be actionable is a legal question, and, like any legal question, is a matter for the court to decide. In other words, a showing of some minimal level of harassment...

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