Kinney v. Blue Dot Services of Kansas

ORDER AND JUDGMENT *

TIMOTHY M. TYMKOVICH, Circuit Judge.

Darryl Kinney sued his employer, Blue Dot Services, and his supervisor, Terry McCort, 1 claiming he was fired (1) on the basis of his race (African American), and (2) in retaliation for reporting Blue Dot’s supposed Clean Air Act violations to the EPA. Kinney therefore alleged claims for violation of Title VII, the Clean Air Act’s whistleblower protections, and a Kansas whistleblower protection statute. Kinney also asserted the common law tort of wrongful discharge.

The district court dismissed Kinney’s complaint, finding it lacked…