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December 19, 2006
Meaning of "Lawn Jockey"
Back on September 21, Al Brophy posted a note on the history of lawn
jockeys in which he noted differences of opinion as to their possible status as
a remnant of white supremacist attitudes. Evidence favoring the less
benign conclusion can be found in a recent post on Slate by Seth Rosenthal,
in which he argues that some federal judges are improperly granting summary
judgment in cases where, in Rosenthal's view, a reasonable jury could have
found for the non-moving party. One example he cites is
an Eighth Circuit case in which "the majority concluded that a black
Wal-Mart employee whose supervisor routinely used racially offensive language,
including repeatedly calling him a 'lawn jockey,' didn't present enough evidence
to get his claims of racial discrimination to a jury." Notwithstanding the
court's decision, it is probably safe to conclude that the supervisor whose
conduct was at issue did not view lawn jockeys as memorials to the
Underground Railroad. The case is Canady v. Wal-Mart Stores, Inc., 440
F.3d 1031, 1033 (8th Cir.), rehearing and rehearing en banc denied, 452
F.3d 1020, 1021 (8th Cir. 2006).
Carl Christensen
Comments are held for approval, so they will not appear immediately.
Carl Christensen
Comments are held for approval, so they will not appear immediately.
December 19, 2006 in Recent Cases | Permalink
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