Larry D. Hysten v. Burlington Northern and Santa Fe Railway Company

LUCERO, Circuit Judge.

Plaintiff Larry D. Hysten was employed as a journeyman freight car mechanic by defendant Burlington Northern (“Burlington Northern” or “BNSF”) and its predecessor, Santa Fe Railroad, for approximately twenty-two years. His suit under 42 U.S.C. § 1981 consists of claims that Burlington Northern suspended him for forty days because he is an African-American and then engaged in retaliatory activity designed to punish him for undertaking protected opposition to discrimination. In a published opinion, the district court granted defendant’s motion for summary judgment. Hysten…