Opinion

Patsy Carolyn POE, Plaintiff-Appellee, v. Donnie HAYDON, Et Al., Defendants-Appellants

  • 853 F.2d 418
  • 52 Fair Empl. Prac. Cas. (BNA) 80
  • 47 Empl. Prac. Dec. (CCH) 38,219
  • 1988 U.S. App. LEXIS 10098
  • 1988 WL 77016
Court
Court of Appeals for the Sixth Circuit
Filed
Jul 28, 1988
Status
Published
Author
Jones
On the bench
Lively, Jones, Boggs
Cited by
370 cases

instructing that personal liability in civil rights actions depends upon active involvement by the defendant in the constitutional tort; at minimum, the defendant must have encouraged, approved, or knowingly acquiesced in the rights violation actually committed by others

How later courts described this case

  • instructing that personal liability in civil rights actions depends upon active involvement by the defendant in the constitutional tort; at minimum, the defendant must have encouraged, approved, or knowingly acquiesced in the rights violation actually committed by others
  • explaining that caselaw and Supreme Court precedent established that sexual harassment by government employers violated the Equal Protection Clause
  • stating that when genuine issues of material fact exist as to whether the officer committed acts that would violate a clearly established right, then summary judgment is improper
  • explaining that “[t]here can be little doubt that, before December 1984, a female public employee had a constitutional right to be treated on the same basis as a male employee.”

Written by the judges who cited it.

The opinion

NATHANIEL R. JONES, Circuit Judge,

concurring.

Because I find the majority opinion engages in more analysis than necessary to resolve this matter, I concur in the result only.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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