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Hervey v. County of Koochiching

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Submitted: October 19, 2007

Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

Florence Hervey brought a claim pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq.,and the Minnesota Human Rights Act, Minn. Stat. § 13.01 et seq., alleging that her employer, Koochiching County, and supervisors Duane Nelson and John Mastin, discriminated against her on the basis of her sex, and retaliated against her for participation in a protected activity. She also brought a state claim against the County for violation of the Minnesota Government Data Practices Act, Minn. Stat. § 13.02, subd. 7. The district court*fn1 granted summary judgment in favor of the defendants on all claims. Hervey v. County of Koochiching, No. 04-4537, 2006 WL 2990515 (D. Minn. Oct. 20, 2006). We affirm the dismissal of the discrimination and retaliation claims, and remand with directions to dismiss the Data Practices Act claim without prejudice.

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