Jenkins v. Swem, No. 15-3273 (8th Cir. 2016)
Annotate this CasePlaintiff filed suit against the University of Minnesota, David Andersen, and Ted Swem, alleging sexual harassment under 42 U.S.C. 1983. Swem was a mentor and guide to plaintiff. The district court denied Swem's motion for summary judgment based on qualified immunity. The court determined that it had jurisdiction to review claims raised in this interlocutory appeal based on the purely legal issue of whether the facts, taken most favorably to plaintiff, support a finding that defendant violated her clearly established constitutional rights. On the merits, the court agreed with the district court that Swem is not entitled to qualified immunity and that summary judgment should be denied. Plaintiff has sufficiently shown that Swem’s conduct toward her was unwelcome harassment, and that it was serious enough to alter a term or condition of her employment. She also showed that Swem’s conduct violated a clearly established right, based on the particular facts of this case. Accordingly, the court affirmed the judgment.
Court Description: Perry, Author, with Murphy and Shepherd, Circuit Judges] Civil case - Civil rights. The district court did not err in denying defendant Swem's motion for summary judgment based on qualified immunity, as plaintiff sufficiently showed that defendant's conduct toward her was unwelcome harassment, that it was serious enough to alter a term or condition of her employment and that his conduct violated a clearly established right. Home | Contact Us | Employment | Glossary of Legal Terms | Site Map | RSS Privacy Policy|BrowseAloud
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