Mouton

Mouton v. Las Vegas Clark County Library District

Good Law
52 F. App'x 339
United States Court of Appeals for the Ninth CircuitNovember 26, 2002No. 01-17223; D.C. No. CV-99-00953-LDG (LRL)California552 words

Opinion

Lead Opinion

MEMORANDUM ***

Creeta Mouton appeals the district court’s grant of summary judgment against her and in favor of Las Vegas-Clark County Library District in her action for hostile work environment, race discrimination, and retaliation. See 42 U.S.C. §§ 2000e-2(a), 2000e-3(a). We affirm.

(1) Insofar as Mouton’s action relies on activities by co-worker Gerald Strickland, it was brought long after those activities occurred, and they were not part of an unlawful employment practice that extended into the period where a claim would be timely. Thus, it is barred by the statute of limitations. See 42 U.S.C. § 2000e-5(e)(l); Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 , 122 S.Ct. 2061, 2077 , 153 L.Ed.2d 106 (2002).

(2) Insofar as Mouton’s action is based upon activities of co-worker Mark Thibodeau, she has not spelled out a prima facie case because, based on the most favorable view of the evidence, those activities were not severe or pervasive enough to alter the conditions of her employment and create an abusive working environment. See Clark County Sch. Dist. v. Breeden, 532 U.S. 268, 270 , 121 S.Ct. 1508, 1509 , 149 L.Ed.2d 509 (2001); Harris v. Forklift Sys., Inc., 510 U.S.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.