Doerfler-Casner

MEMORANDUM

Two separate issues are raised in this appeal by Deborah Doerfler-Casner from (1) a judgment entered in favor of Placer County Department of Public Works after jury verdict on her Title VII claim and (2) an order of the district court granting summary judgment in favor of Placer County on her pendent state law claims. We assume the parties’ familiarity with the factual background and procedural history.

I

Doerfler-Casner challenges the instructions and special verdict sheet the district court submitted to the jury on her gender discrimination claim against Placer County. Both parties agreed to jury instructions and special verdict questions which suggested that the plaintiff had to establish she was the victim of conduct “of a sexual nature.” The jury returned a verdict in favor of Placer County. Doer-fler-Casner argues correctly that the phrase “of a sexual nature” in the jury instructions and special verdict questions was erroneous.

Because Doerfler-Casner did not object to the jury instructions • or special verdict questions, they are renewable for plain error only. See Fed.R.Civ.P. 51(d)(2). In evaluating whether a particular jury instruction was plainly…