96 Fair Empl.Prac.Cas. (BNA) 385, 86 Empl. Prac. Dec. P 42,066, 151 Lab.Cas. P 60,045.Eldon E. Moors; Joseph S. Baker; Kenneth F. Brien; Michael W. Laducer; Robert E. Leonard, Rolette County Commissioners, in their individual and officialcapacities, Defendants.
96 Fair Empl.Prac.Cas. (BNA) 385, 86 Empl. Prac. Dec. P 42,066, 151 Lab.Cas. P 60,045.Eldon E. Moors; Joseph S. Baker; Kenneth F. Brien; Michael W. Laducer; Robert E. Leonard, Rolette County Commissioners, in their individual and officialcapacities, Defendants.
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KeyCite Yellow Flag – Negative Treatment
Distinguished by Betz v. Chertoff, 8th Cir.(Minn.), August 28, 2009
417 F.3d 879
United States Court of Appeals,
Eighth Circuit.
Brigitte WRIGHT, Plaintiff—Appellee;
v.
ROLETTE COUNTY, Defendant;
Tony E. Sims, Rolette County Sheriff, in his individual and official capacity, Defendant—Appellant;
Eldon E. Moors; Joseph S. Baker; Kenneth F. Brien; Michael W. Laducer; Robert E. Leonard, Rolette County Commissioners, in their individual and officialcapacities, Defendants.
No. 04–2766.
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Submitted: Feb. 17, 2005.
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Filed: Aug. 8, 2005.
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Rehearing and Rehearing En Banc Denied Sept. 14, 2005.
Synopsis
Background: Female employee brought § 1983 action against sheriff and county, alleging sexual harassment in the form of a hostile work environment and constructive discharge. Sheriff moved for summary judgment based on qualified immunity. The United States District Court for the District of North Dakota, Patrick Conmy, J., denied qualified immunity, and sheriff filed interlocutory appeal.
Holdings: The Court of Appeals, Melloy, Circuit Judge, held that:
[1] verbal harassment may constitute “sexual har
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