Rhita Bercy v. City of Phoenix

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RHITA BERCY, No. 22-16463

Plaintiff-Appellant, D.C. No. 2:20-cv- 01948-SRB v.

CITY OF PHOENIX, OPINION

Defendant-Appellee.

ERIC M. HALEY,

Trustee-Appellee,

Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding

Argued and Submitted February 9, 2024 Phoenix, Arizona

Filed May 30, 2024

Before: Marsha S. Berzon, Andrew D. Hurwitz, and Anthony D. Johnstone, Circuit Judges.

Opinion by Judge Johnstone SUMMARY *

Employment Discrimination / Bankruptcy

Affirming the district court’s summary judgment in an employment discrimination action under Title VII and 42 U.S.C. § 1981, the panel held that the plaintiff’s claim belonged to her bankruptcy estate, and only the bankruptcy trustee had standing to sue on the claim. The plaintiff brought a hostile work environment claim against her employer, alleging a single course of conduct that continued over a period of nearly two years. She filed her bankruptcy petition within that two-year period. She thus sought damages on…