United States Fifth Circuit

In a former correctional officer's Title VII and 42 U.S.C. section 1983 suit alleging she was sexually harassed by her ultimate supervisor, summary judgment for defendants is affirmed in part and reversed in part where: 1) the district court erred in holding that, as a matter of law, the supervisor's behavior was neither severe nor pervasive and, thus, did not create a hostile work environment; 2) defendant-agency successfully asserted the Ellerth/Faragher defense; 3) plaintiff stated a viable section 1983 claim; 4) defendant was not entitled to qualified immunity; and 5) a constructive discharge claim failed.

Appellate Information

• Decided 12/21/2007
• Published 12/26/2007

Judges

• JERRY E. SMITH, Circuit Judge:, Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Curtis B. Stuckey (argued), Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Lauderdale., Phillip E. Marrus, Asst. Atty. Gen. (argued), Adrienne R. Butcher, Austin, TX, for Tex. Dept. of Crim. Justice., Lara M. Johnson (argued), Austin, TX, for Arthur.