Reilly

MEMORANDUM ***

The parties are familiar with the facts of this ease, so we do not repeat them here.

Nancy Reilly appeals the district court’s directed verdict against her pursuant to Rule 50 of the Federal Rules of Civil Procedure. There are two claims at issue: (1) constructive discharge arising out of a hostile work environment based on Reilly’s gender, and (2) intentional infliction of emotional distress. We affirm.

The evidence simply does not support Reilly’s claim that the so-called “scalpel incident” was orchestrated by her superiors to coincide with Reilly’s shift as yard lieutenant at High Desert State Prison. Even if there is a genuine dispute about whether Dr. Chase was ever authorized to perform a systems check, there is no evidence of a conspiracy to have the systems check performed on Reilly’s loatch. Once the scalpel incident drops out of consideration, there is insufficient evidence that Reilly was subject to discriminatory working conditions based upon her gender.

A plaintiff who advances a constructive discharge claim based upon a hostile environment “must show working conditions so intolerable that a reasonable person would have felt compelled to resign.”…