Oden

Oden v. Northern Marianas College

Good Law
440 F.3d 1085·2006 WL 522448
United States Court of Appeals for the Ninth CircuitMarch 6, 200600-16594, 03-16802California2,724 words

Opinion

Opinion

Graber, J.

This is a consolidated appeal from two judgments in favor of Defendants Northern Marianas College, its Regents, and its President. The first appeal is from the District Court for the Northern Mariana Islands (No. 00-16594). In that appeal we must determine whether the court’s grant of summary judgment was proper on Plaintiffs claim that Defendants violated Title IX of the Civil Rights Act of 1972 by exhibiting deliberate indifference to the sexual harassment that she suffered at the hands of a College teacher. The second appeal is from a local court, the Supreme Court of the Commonwealth of the Northern Mariana Islands (“CNMI”) (No. 03-16802). That appeal requires us to answer a preliminary jurisdictional question: whether, under 48 U.S.C. § 1824 , we can consider appeals from a local CNMI court that were filed before, but remained pending after, May 1, 2004.

In the appeal from the district court (No. 00-16594), we conclude that summary judgment was proper because, on this record, no reasonable finder of fact could conclude that Defendants acted with deliberate indifference to Plaintiffs complaint of sexual harassment. In the appeal from the CNMI Supreme Court (No. 03-16802), we…

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