Hathaway

Hathaway v. Multnomah County Sheriff's Office

Good Law
123 F. App'x 806
United States Court of Appeals for the Ninth CircuitFebruary 25, 2005No. 03-35571California1,487 words

Opinion

Lead Opinion

MEMORANDUM **

Dawn Hathaway appeals from the district court’s grant of summary judgment for defendant Multnomah County Sheriffs Office (MCSO) in her action alleging sexual harassment in violation of federal and state law as well as common law battery. The parties are familiar with the facts, so we do not recite them here.

The district court limited its consideration of Hathaway’s evidence of sexual harassment to evidence of a single incident between herself and Corrections Deputy Jack Dunlap on October 31, 2001. The district court arguably should have considered more of the evidence Hathaway offered, but the evidence it overlooked is likewise insufficient to raise triable issues with respect to Hathaway’s claims.

To prevail on her hostile work environment harassment claim against MCSO Hathaway would have needed to show (1) “severe or pervasive” intimidation, Brooks v. City of San Mateo, 229 F.3d 917, 923 (9th Cir.2000), that was (2) “both subjectively and objectively ... abusive,” Fuller v. City of Oakland, 47 F.3d 1522, 1527 (9th Cir.1995) (citation omitted), and (3) that MSCO ratified or knew or should have *808 known about and in response to which it failed to take action or…

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.