Davis

Davis v. United Parcel Service, Inc.

Good Law
234 F. App'x 430
United States Court of Appeals for the Ninth CircuitApril 24, 2007No. 05-16272California531 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Mavis Davis (“Appellant”) appeals the district court’s decision granting Defendant-Appellee United Parcel Service, Inc.’s (“UPS”) motion for summary judgment on her Title VII and state law retaliation, state law intentional infliction of emotional distress (“IIED”), and common law negligent supervision, training, and retention claims. The facts and procedural history are familiar to the parties, and we do not repeat them here. We review a district court’s decision granting summary judgment de novo. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). Applying that standard, we affirm the district court’s decision granting UPS’ motion for summary judgment on all three claims.

First, even assuming Appellant’s view of the facts, her retaliation claims fail because she has not presented evidence that she engaged in a protected activity; indeed, “[n]o reasonable person could have believed that the [original or later incidents she complained about] violated Title VII’s standard.” Clark County Sch. Dist. v. Breeden, 532 U.S. 268, 270-71 , 121 S.Ct. 1508 , 149 L.Ed.2d 509 (2001) (per curiam) (holding that no reasonable person could believe a…

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