Jacquelin K. Lindsey v. Donald L. "Pat" Shalmy, Clark County Manager, and Cliff Rives

Cliff Rives appeals the district court’s denial of his motion for partial summary judgment on the ground of qualified immunity. We affirm.

BACKGROUND

Jacquelin Lindsey initiated this action against Rives under 42 U.S.C. §§ 1983 and 1985(3), alleging that Rives deprived her of her federal rights by discriminating against her on the- basis of gender. The claims arose out of events that took place from January 1988 to August 1990, when Rives, as Chief of Enforcement in the Clark County Department of Business License (DBL), exercised supervisory authority over Lindsey, a business licensing agent. During this period, Rives allegedly treated Lindsey with great hostility, prepared unfavorable performance evaluations of her work, denied her a promotion in favor of a male candidate and unfavorably altered her job responsibilities. Lindsey asserts that these actions were motivated by Rives’s desire to impede her advancement in the department because she is a woman. Thus, she claims, Rives deprived her of a federal right to be free from gender discrimination.

Rives moved the district court for summary judgment on the ground of qualified immunity, and the district court denied the motion.…