Bator

Bator v. Hawaii

Good Law
39 F.3d 1021·94 Daily Journal DAR 15782·65 Empl. Prac. Dec. (CCH) 43,347·66 Fair Empl. Prac. Cas. (BNA) 290·1994 U.S. App. LEXIS 31014
United States Court of Appeals for the Ninth CircuitNovember 8, 1994No. 92-15950California4,396 words

Opinion

Lead Opinion

Poole, J.

Carolyn Kainuma, a supervisor in the Adult Probation Division of the First Circuit Court of the state of Hawaii, and Warren Asaeda, a probation officer, appeal the district court’s denial of their summary judgment motion asserting qualified immunity from suit as to the 42 U.S.C. § 1983 claims raised in Susan Bator’s action against them. Bator claimed that she suffered racial and sexual harassment when Asaeda assaulted her on several occasions and when Kainuma failed to investigate her complaints regarding these attacks and other harassment. She also alleged that she was denied promotions and given more work because of her race and gender.

We have jurisdiction to review the district court’s summary judgment denying qualified immunity, and we review that denial de novo. Act Up!/Portland v. Bagley, 988 F.2d 868, 870-71 (9th Cir.1993). We affirm.

I

Susan Bator, a white female, moved to Hawaii in 1979 at the age of 23 after working for several years as a court reporter in the Pennsylvania state legislature. She worked as a secretary for about a year and a half, and in December 1981, she began work as a clerk stenographer at the Adult Probation Division of the First Circuit Court…

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