Mockler

Plaintiff Lana Mockler, a former Deputy Sheriff with the Multnomah County Sheriffs Office, sued Sheriff Dan Noelle, Multnomah County, and Deputy Dennis Fitz (“defendants”) for hostile environment sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and under Oregon law, ORS § 659.030. Mockler also raised an equal protection claim under 42 U.S.C. § 1983 and a state law claim of intentional infliction of emotional distress.

After trial, a jury returned a verdict finding Multnomah County liable for sexual harassment and retaliation. The jury found that Deputy Fitz and the Sheriff were liable for equal protection violations, and that Fitz was liable for intentional infliction of emotional distress. The jury awarded Deputy Mockler $195,000 in compensatory damages and $30,000 in punitive damages. The defendants filed motions for judgment as a matter of law as to all of Mockler’s claims. The district court denied these motions, and the defendants appealed.

Among the issues on appeal, defendants contend that the district court erred in instructing the jury that Multnomah County was liable for sexual harassment and retaliation…