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.