United States Tenth Circuit

Summary judgment for an employer on a Title VII claim alleging a racially hostile work environment is reversed where plaintiff submitted sufficient evidence indicating that his workplace was pervasively racially discriminatory, but the court affirms: 1) summary judgment for defendant on a state-law claim alleging employer breached its employment contract with plaintiff; 2) judgment as a matter of law for defendant on a state-law claim for intentional infliction of emotional distress; and 3) a decision requiring plaintiff to undergo a psychological examination during discovery.

Appellate Information

• Decided 01/04/2007
• Published 01/05/2007

Judges

• EBEL, Circuit Judge., Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and CASSELL, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jeffrey C. Gosman, Gosman Law Office, Casper, WY, for Plaintiff-Appellant Lewis Herrera.


• For Appellees:
  
• Douglas E. Hamel, Vinson & Elkins L.L.P. (Amy S. Farber, Vinson & Elkins L.L.P., Houston Texas, Frank D. Neville and P. Craig Silva, Williams, Porter, Day and Neville, Casper, Wyoming, with him on the briefs), Houston, TX, for Defendant-Appellee Lufkin Industries, Inc.