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United States Eighth Circuit


Sutherland v. Missouri Dep't of Corr., 08-3000

In plaintiff's employment discrimination lawsuit under Title VII, summary judgment for the Missouri Department of Corrections is affirmed where: 1) the district court correctly granted summary judgment on a hostile work environment claim as the offensive conduct did not constitute actionable harassment under Title VII; and 2) district court correctly granted the summary judgment on the retaliation claim as plaintiff failed to prove that a reasonable person would perceive as retaliatory the actions she found offensive, and actions by her co-workers are not sufficient to support a conclusion that they were materially adverse retaliatory actions.

Appellate Information

  • Decided 09/08/2009
  • Published 09/08/2009

Judges

  • BENTON, Circuit Judge., Before GRUENDER, ARNOLD, and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Christopher S. Moberg, The Law Firm of O'Reilly & Jensen, LLC, Springfield, MO, argued, for appellant.

  • For Appellees:
  • Ryan E. Bertels, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee.
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