Walpole

Walpole v. City of Mesa

Good Law
162 F. App'x 715
United States Court of Appeals for the Ninth CircuitJanuary 10, 2006No. 04-15168; D.C. No. CV-02-01013-PHX-RCBCalifornia921 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Karron Walpole sued her employer, the City of Mesa (“the City”), under 42 U.S.C.2000e et seq. (“Title VTI”). She alleged that her co-worker, Jack Beezley, sexually harassed her when he became romantically interested in her after a nine-month friendship. The City filed a motion for summary judgment on the ground that Walpole failed to establish that she had been subjected to a hostile work environment. The district court granted summary judgment in favor of the City and Walpole filed this timely appeal. We affirm.

The district court’s conclusion as to whether a plaintiff has established sexual harassment presents a mixed question of law and fact, which we review de novo. Nichols v. Azteca Rest. Enters., 256 F.3d 864 , 871 (9th Cir.2001). We must determine, viewing the evidence in the light *716 most favorable to Walpole, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). Summary judgment may be affirmed on any ground supported by the record. Enlow v. Salem-Keizer Yellow Cab Co., 371 F.3d 645, 649 (9th Cir.…

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