Lindsay Okonowsky v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LINDSAY OKONOWSKY, No. 23-55404

Plaintiff-Appellant, D.C. No. 2:21-cv-07581- v. VAP-AS

MERRICK B. GARLAND, Attorney General, United States Attorney OPINION General,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Virginia A. Phillips, District Judge, Presiding

Argued and Submitted May 8, 2024 Pasadena, California

Filed July 25, 2024

Before: Kim McLane Wardlaw, Morgan Christen, and Mark J. Bennett, Circuit Judges.

Opinion by Judge Wardlaw SUMMARY*

Title VII / Hostile Work Environment

The panel reversed the district court’s summary judgment in favor of the government in a sex discrimination action, under Title VII of the Civil Rights Act of 1964, filed by plaintiff, a staff psychologist in a federal prison, alleging that the Bureau of Prisons failed to take adequate measures to address a hostile work environment at the prison. The panel held that the district court erred by considering only some of the evidence, and by applying…