Lawana Porter v. California Department of Corrections
Opinion
Opinion
Callahan, J.
ORDER AND AMENDED OPINION
ORDER
The opinion filed September 10, 2004, slip op. at 13197, is amended as follows:
Slip op. at 13197:
Slip op. at 13210:
Slip op. at 13211:
Slip op. at 13213:
Slip op. at 13215:
Slip op. at 13222:
The petition for rehearing is otherwise DENIED. See Fed. R.App. P. 40. The suggestion for rehearing en banc is DENIED. See Fed. R.App. P. 35. No further petitions for rehearing or rehearing en banc will be accepted. The mandate shall issue forthwith.
OPINION
In May 2000, Lawana Porter filed a complaint pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, against the California Department of Corrections (“CDC”). Porter alleged that she was the victim of continuing sexual harassment, discrimination and retaliation as a result of her rejection of sexual advances by correctional officers Terry Wheeler and Pete DeSantis in 1995 and 1996.
The district court granted the CDC’s motion for summary judgment, holding that (1) the temporal gap between the complaints of sexual harassment and the alleged acts of retaliation precluded Porter from showing a causal link; and (2) the alleged incidents of sexual harassment could not be considered with…