Smith v. Cheyenne Retirement Investors, No. 17-8055 (10th Cir. 2018)Annotate this Case
Plaintiff Diane Smith, a former employee of the Pointe Frontier assisted living facility in Cheyenne, Wyoming, filed suit under Title VII of the Civil Rights Act of 1964, alleging that she was unlawfully terminated by Pointe Frontier in 2014 in retaliation for filing a complaint with the United States Equal Employment Opportunity Commission (“EEOC”) in 2012. Finding that Smith had failed to exhaust her administrative remedies, the district court dismissed her claim for lack of subject matter jurisdiction, and, in the alternative, found that there was no genuine issue of material fact and granted summary judgment for Defendant. After review of the district court record, the Tenth Circuit Court of Appeals affirmed the district court’s decision that Plaintiff failed to exhaust her administrative remedies, and remanded this case with instructions to vacate the order and dismiss the suit without prejudice.