MacKey

MacKey v. Department of Corrections

Good Law
105 Cal. App. 4th 945·130 Cal. Rptr. 2d 57
Court of Appeal of CaliforniaApril 23, 2003C040262California7,191 words

Opinion

Opinion

Certified for Partial Publication. [*] As Corrected January 31, 2003.

Plaintiffs appeal from judgments entered for defendants California Department of Corrections (CDC) and Cal Terhune, the Director of CDC, following entry of summary adjudications for defendants. Plaintiffs contend issues of fact remain on their sex discrimination, retaliation and related causes of action. We disagree and affirm.

Plaintiff Edna Miller began working for CDC in 1979 as a correctional officer, and by 1995 had attained the rank of correctional counselor III (CC III). In 1995, Miller was transferred to Valley State Prison for Women (VSPW). At the same time, Miller's close friend, Cagie Brown, a correctional counselor II (CC II), was also transferred to VSPW. At all times relevant to this matter, the warden at VSPW was Lewis Kuykendall. His chief deputy warden was Vicki Yamamoto.

In or about 1994, Miller received information that led her to believe Kuykendall was having affairs with his secretary, Kathy Bibb, and an associate warden, Debbie Patrick. In or about 1995, Miller heard from another correctional officer, Francis Gantong, that Kuykendall was having an affair with Cagie Brown.…

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