Patricia Fuller v. City of Oakland, California George Hart Antonio Romero

Patricia Fuller, a former Oakland police officer, appeals the district court’s entry of judgment against her on her claims for sex discrimination and sexual harassment. Fuller sued the City of Oakland under Title VII and 42 U.S.C. § 1983 after it allegedly failed to properly investigate her complaints and take appropriate steps to end the harassment. After a bench trial, the district court found against Fuller on both claims, concluding that all harassment stopped as soon as the Police Department learned of the situation. The district court also ruled that even though the subsequent investigation was seriously flawed, § 1983 liability could not attach because no city policymaker ever decided to conduct the investigation in a discriminatory manner.

On appeal, Fuller argues that the district court erred because the harassment continued after the Department learned of it and the Department failed to take reasonable steps to end it. Fuller also alleges that she was deprived of her right to a jury trial on the § 1983 claim. We reverse the district court’s judgment against Fuller on her Title VII claim and remand for a determination on the appropriate remedy. Moreover, we agree that a…