Sanchez

Sanchez v. California

Good Law
90 F. Supp. 3d 1036·2015 WL 859793·126 Fair Empl. Prac. Cas. (BNA) 735·2015 U.S. Dist. LEXIS 24151
United States District Court, Eastern District of CaliforniaFebruary 27, 2015Case No. 1:12-cv-01835-SABCalifornia14,205 words

Opinion

Lead Opinion

Boone, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

Currently before the Court is Defendants California Department of Corrections and Rehabilitation 1 (“CDCR”) and Sidney Smyth’s motion for partial summary judgment.

I.

PROCEDURAL HISTORY

Plaintiff Irma B. Sanchez (“Sanchez” or “Plaintiff’) filed this action on November 8, 2012. On May 15, 2013, Plaintiff filed a first amended complaint. Plaintiff alleges seven causes of action for sexual harassment and retaliation in violation of 42 U.S.C. § 1983 ; 42 U.S.C. §§ 2000e et seq. (“Title YU”); and the California Employment and Housing Act (“FEHA”), California Government Code sections 12940 et seq.

On January 16, 2015, Defendants CDCR and Smyth filed a motion for partial summary judgment on the second, fourth, sixth, and seventh causes of action. Plaintiff filed an opposition on February 11, 2015. On February 12, 2015, Plaintiff filed a corrected opposition and declaration. On February 18, 2015, Defendants CDCR and Smyth filed a reply and objections to Plaintiffs opposition.

II.

LEGAL STANDARD

Under Federal Rule of Civil Procedure 56, “[sjummary judgment is appropriate only if, taking the…

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