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0 | OPINION REGARDING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS GORDON J. QUIST, District Judge. Plaintiff, Charlie Beamon, proceeding pro se, filed a Complaint against Defendants on April 25, 2012, in the 57th District Court of Alegan County, Michigan. Defendants removed the case to this Court on May 8, 2012, alleg... |
1 | leave by his employer, Murco Foods Inc., for injuries that he sustained at work. Plaintiff applied for and received long-term disability benefits under a group disability insurance policy (Policy) that Fortis Benefits Insurance Company (Fortis) issued to Murco Food Inc. In August of 2002, Plaintiff obtained a workers’ ... |
2 | overpayment through an adjustment of Plaintiffs monthly benefit until the overpayment was fully reimbursed. Fortis subsequently reduced the overpayment after Plaintiff furnished documents to Fortis showing that Plaintiffs wife, who along with Plaintiffs children was then living apart from Plaintiff, was receiving the d... |
3 | exhaustion in an ERISA case is on the plaintiff, Defendants cite Hagen v. VPA, Inc., 428 F.Supp.2d 708 (W.D.Mich.2006), in which the court observed that dismissal was proper because the plaintiff failed to allege exhaustion in his complaint. See id. at 713. Although the Sixth Circuit has not addressed the issue, a numb... |
4 | jurisdictional, but instead is a judge-made concept in the nature of an affirmative defense. See Paese v. Hartford Life & Accident Ins. Co., 449 F.3d 435, 443-45 (2d Cir.2006). Although decided before Jones v. Bock, supra, the Second Circuit in Paese, like the Fifth Circuit in Wilson, considered exhaustion under the PL... |
5 | Jan. 13, 2010). Because exhaustion is an affirmative defense, a Rule 56 “summary judgment motion is the proper vehicle for considering a defendant’s claim that a plaintiff has failed to exhaust administrative remedies before filing a civil action.” Gunn v. Bluecross Blueshield of Tenn., Inc., No. 1:11-CV-183, 2012 WL 1... |
6 | the failure to exhaust, is ... plain from the face of the complaint”). Whether lack of exhaustion can be said to appear on the face of Plaintiffs Complaint is a close question, but the Court concludes that it does. Plaintiffs unconventional Complaint consists of a one-page form Summons and Complaint, which discloses no... |
7 | the Court may consider. See Weiner v. Klais & Co., 108 F.3d 86, 89 (6th Cir.1997) (a court may consider documents attached to a motion to dismiss if they are referred to in the complaint and are central to the plaintiffs claim). In her letter, in addition to explaining the basis for the partial denial of Plaintiffs cla... |
8 | prior to commencing suit in federal court.” Miller v. Metro. Life Ins. Co., 925 F.2d 979, 986 (6th Cir.1991) (citing 29 U.S.C. § 1133(2)). Exhaustion is excused “where resorting to the plan’s administrative procedure would simply be futile or the remedy inadequate.” Fallick v. Nationwide Mut. Ins. Co., 162 F.3d 410, 41... |
9 | both his Response to Defendants’ motion and in his Motion for Dismissal of Defendants’ Motion and supporting brief, noting that he has tried to resolve his claim with Defendants for several years without success. Plaintiff suggests that seeking further administrative review of his claim would not produce a different re... |
10 | would not receive an independent review. Accordingly, Plaintiff has not shown a sufficient basis for the Court to excuse exhaustion. Under appropriate circumstances, the Court would stay the case, rather than dismiss it, to allow Plaintiff an opportunity to exhaust his administrative remedies and return to this Court f... |
11 | MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Defendants investigated and prosecuted Plaintiffs for allegedly abusing their positions at the State’s Attorney’s Office in McHenry County, Illinois. Once Plaintiffs defeated the charges against them— through voluntary dismissal and acquittal at trial — t... |
12 | prejudice. I. Background The facts are drawn from Plaintiffs’ amended complaint [70]. In deciding Defendants’ motion to dismiss, the Court accepts well-pleaded facts as true and draws all reasonable inferences in Plaintiffs’ favor. See Barnes v. Briley, 420 F.3d 673, 677 (7th Cir.2005). Bianchi is the State’s Attorney ... |
13 | an investigation and prosecution by special prosecutor Tonigan (no longer a Defendant) and his assistant special prosecutor, Defendant McQueen. As Plaintiffs tell it, the story of this case begins in 2004, when Amy Dalby was a secretary in the State’s Attorney’s Office (“SAO”). Prior to resigning in 2006, Dalby “stole ... |
14 | the SAO from December of 2004 until July of 2006.” Compl. ¶ 24. In September 2009, McHenry County Circuit Court Judge Gordon Graham granted Dalby’s petition and appointed Tonigan and McQueen as special state’s attorneys to investigate and if necessary prosecute. See Compl. ¶¶ 5, 27, 86. In November 2009, after Tonigan’... |
15 | “Quest investigators”) were appointed as special investigators and participated in Tonigan’s and McQueen’s investigation of Bianchi and the SAO. After conducting interviews, the Quest Defendants “informed Tonigan and/or McQueen of information related during the interviews.” Compl. ¶ 44. After consulting with “Tonigan a... |
16 | Tonigan and McQueen and testified before the grand jury. Compl. ¶ 50. Plaintiffs allege that Defendants McQueen, Scigalski, and Jerger made false statements to the grand jury. In September 2010, the grand jury returned indictments against Bianchi for conspiracy to commit official misconduct and obstruction of justice, ... |
17 | ¶ 96. In February 2011, the grand jury returned indictments against Bianchi for three counts of official misconduct for improperly intervening in criminal cases on behalf of friends and political supporters, against Salgado for official misconduct for intervening in a criminal case on behalf of his nephew, and against ... |
18 | 113. After the McHenry County Circuit Court judges recused themselves, the Illinois Supreme Court appointed Judge Joseph McGraw from the Seventeenth Judicial Circuit to preside over the cases against Plaintiffs. Compl. ¶ 77. In March 2011, after a two day bench trial, Judge McGraw granted Bianchi’s and Synek’s Motion f... |
19 | are now out of the case. Against the remaining Defendants, Plaintiffs assert fifteen claims under federal and state law. Defendants have moved to dismiss. II. Motion to Dismiss Legal Standard The purpose of a Rule 12(b)(6) motion to dismiss is not to decide the merits of the case; a Rule 12(b)(6) motion tests the suffi... |
20 | 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). Second, the factual allegations in the claim must be sufficient to raise the possibility of relief above the “speculative level,” assuming that all of the allegations in the complaint are true. E.E.O.C.... |
21 | original). The Court reads the complaint and assesses its plausibility as a whole. See Atkins v. City of Chi, 631 F.3d 823, 832 (7th Cir.2011); cf. Scott v. City of Chi, 195 F.3d 950, 952 (7th Cir.1999) (“Whether a complaint provides notice, however, is determined by looking at the complaint as a whole.”). III. Analysi... |
22 | L.Ed.2d 593 (2012). By its terms, it applies to “[e]very person” who acts under color of state law to violate those rights. See Imbler v. Pachtman, 424 U.S. 409, 417, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976). “Despite the broad terms of § 1983, [the Supreme Court has] long recognized that the statute was not meant to effect... |
23 | witnesses at trial, and prosecutors acting in furtherance of their prosecutorial duties are entitled to absolute immunity. Id. at 1503, 1506. Those acting under color of state law in an investigatory role, including prosecutors, may claim only qualified immunity. See Buckley v. Fitzsimmons, 509 U.S. 259, 270, 113 S.Ct.... |
24 | a detective, “searching for the clues and corroboration that might give him probable cause to recommend that a suspect be arrested,” then the prosecutor is acting as a detective and is not entitled to greater immunity. See Buckley, 509 U.S. at 273, 276, 113 S.Ct. 2606. “In other words, ‘[w]hen the functions of prosecut... |
25 | immunity analysis comprises a two-part inquiry: (i) “whether the facts alleged show that the state actor violated a constitutional right,” and (ii) “whether the right was clearly established.” Hanes v. Zurich 578 F.3d 491, 493 (7th Cir.2009). 1. Thomas K. McQueen Plaintiffs first argue that McQueen is not entitled to a... |
26 | co-Defendant private investigators, acting as special state’s attorney investigators. A few paragraphs later, the complaint explains that At all relevant times [Tonigan and McQueen] were attorneys, appointed as a taxpayer funded McHenry County special state’s attorney and an assistant to the special state’s attorney, r... |
27 | assertions. See, e.g., Odom v. Sheriff and Staff 2007 WL 1238723, at *2 (C.D.Ill. Apr. 26, 2007) (it is “well established that a plaintiff cannot amend his complaint by statements made in briefs filed in opposition to a motion to dismiss”) (citing Perkins v. Silverstein, 939 F.2d 463, 471 n. 6 (7th Cir.1991)); Shanahan... |
28 | said, McQueen is not entitled to absolute immunity just because he was employed as a prosecutor at the times relevant to this case. What matters for absolute immunity is whether the conduct that Plaintiffs allege violated their rights was within the scope of McQueen’s prosecutorial duties. Plaintiffs believe that McQue... |
29 | Supreme Court explained this settled law in Burns v. Reed, 500 U.S. 478, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991), a § 1983 case involving a prosecutor’s claim of absolute immunity for his conduct at a probable cause hearing: Like witnesses, prosecutors and other lawyers were absolutely immune from damages liability at c... |
30 | In Yaselli v. Goff, 275 U.S. 503, 48 S.Ct. 155, 72 L.Ed. 395 (1927), for example, this Court affirmed a decision by the Circuit Court of Appeals for the Second Circuit in which the court had held that the common-law immunity extended to a prosecutor’s conduct before a grand jury. [Additional citations omitted.] As this... |
31 | a suspect is eventually arrested, indicted, and tried, that work may be retrospectively described as ‘preparation’ for a possible trial; every prosecutor might then shield himself from liability for any constitutional wrong against innocent citizens by ensuring that they go to trial.”); Whitlock v. Brueggemann, 682 F.3... |
32 | claim is therefore that (1) witnesses gave false or misleading testimony to the grand jury that included rumor, hearsay, and manufactured and/or fabricated evidence, (2) that testimony persuaded the grand jury to issue an indictment, and (3) that indictment caused an arrest. Plaintiffs’ false arrest claim against McQue... |
33 | against a prosecutor. Especially following the Supreme Court’s recent decision in Rehberg, the Court is not persuaded by Plaintiffs’ argument that they are seeking damages for a conspiracy to present false testimony or a conspiracy to prepare witnesses to give false testimony. The rule that witnesses before a grand jur... |
34 | his intended testimony. We decline to endorse a rule of absolute immunity so easily frustrated. 132 S.Ct. at 1506-07. That does not immunize all preparation or turn all investigation into preparation. But that is not what is going on here. Here, the relevant allegations are that evidence was presented to a grand jury a... |
35 | computer tampering. Dalby then petitioned Judge Graham to appoint a special prosecutor to investigate Bianchi, alleging that he abused his position at the SAO. Judge Graham granted Dalby’s petition and appointed Tonigan and McQueen as special prosecutors. Tonigan and McQueen interviewed Dalby and others and asked for J... |
36 | the grand jury. In the context of this case at least, interviewing a witness before his or her testimony before a grand jury is conduct within the scope of McQueen’s role as a prosecutor and so is absolutely immune. See Rehberg, 132 S.Ct. at 1506-07. Testimony before the grand jury is absolutely immune. Id. And, as has... |
37 | could have occurred. See Abu-Shawish, 2011 WL 3687618, at *6. The unlawful procurement of process could be a different tort — malicious prosecution, perhaps — but it is not false arrest. See id. at *6 n. 2. Due Process. McQueen is alleged to have violated Plaintiffs’ due process rights by “causing [Plaintiffs’] wrongfu... |
38 | process claims against McQueen by arguing that their case is just like Whitlock, where evi dence was fabricated prior to the prosecutor’s assumption of his prosecutorial role. 682 F.3d at 579-80. In this case, unlike Whitlock, Plaintiffs’ due process claims concern alleged misconduct before the grand jury and the event... |
39 | in nature; and v) that Joan Hoffman, an administrative assistant in the SAO, provided McQueen political documents from her SAO computer. Compl. ¶ 51. That is an attack on a prosecutor’s (or a witness’) conduct before the grand jury. Even if the complaint does accurately recount what McQueen said, and even if what he sa... |
40 | inquiry is irrelevant. What matters is that Plaintiffs’ claims are against a prosecutor for prosecuting a case. If these claims were not barred by prosecutorial immunity, they still would be subject to dismissal because McQueen would be entitled to qualified immunity. If Plaintiffs’ due process claims are that McQueen’... |
41 | constitutional theory of malicious prosecution.” Id. (quoting Newsome v. McCabe, 256 F.3d 747, 750 (7th Cir.2001)). To the extent that the claim is based on nondisclosure of exculpatory evidence — a Brady related claim — then, because the prosecutions ended in acquittals, Plaintiffs “would need to show that ‘the decisi... |
42 | McQueen, “individually, jointly and in conspiracy with [the other Defendants] caused the wrongful charging and continued prosecution” of Plaintiffs. But “[a] Bivens (or § 1983) action for retaliatory prosecution will not be brought against the prosecutor, who is absolutely immune from liability for the decision to pros... |
43 | Bianchi’s 2008 opponent in the primary election for State’s Attorney (Cmplt. ¶¶ 1, 17-24)—none of whom is a Defendant in this case. Accepting Bianchi’s characterization that he had “political enemies,” it does not follow that the Court must assume that every action against him is improperly motivated. 2. Quest Defendan... |
44 | ¶ 45. In furtherance of the alleged conspiracy with McQueen and Tonigan against Plaintiffs, the Quest Defendants are accused of knowingly including falsehoods in their reports. “After the special grand jury was convened, Defendants Tonigan and/or McQueen continued to lead the politically motivated investigation by inte... |
45 | Defendants argue that they are entitled to qualified immunity for their conduct as private investigators temporarily employed by the state, see Filarsky v. Delia, - U.S. -, 132 S.Ct. 1657, 1665-68, 182 L.Ed.2d 662 (2012) (private party temporarily employed by government entitled to seek qualified immunity for conduct a... |
46 | Defendants’ actions and were told what the Quest Defendants learned in their interviews. The alleged constitutional tort, then, is not the investigators’ conduct, but the prosecutors’ one-sided presentation of the evidence, including false testimony before the grand jury. McQueen, the remaining prosecutor-Defendant, is... |
47 | generally are allowed at least one opportunity to replead, and that is an especially prudent course to follow where, as here (see pp. 828-29, supra), there is some tension between the version of the facts alleged in the complaint itself and another version of the facts set out in the brief in opposition to the motion t... |
48 | renewed motion to dismiss. B. State Law Claims Plaintiffs have not stated a federal claim, and the Court must now decide whether to retain jurisdiction over Plaintiffs state law claims. See 28 U.S.C. § 1367(c)(3). The Seventh Circuit, animated by the principle of comity, consistently has stated that “it is the well-est... |
49 | Circuit noted that there occasionally are “unusual cases in which the balance of factors to be considered under the pendent jurisdiction doctrine judicial economy, convenience, fairness, and comity-will point to a federal decision of the state-law claims on the merits.” The first example that the Court discussed occurs... |
50 | practice” in this case, the Court dismisses without prejudice Plaintiffs state law claims without discussing their merit under state law. IV. Conclusion For the reasons stated above, Defendants’ motions to dismiss [73, 80] are granted. Plaintiffs’ federal claims (Counts I — VII) are dismissed with leave to re-plead wit... |
51 | OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT GERALD E. ROSEN, Chief Judge. I. INTRODUCTION Plaintiff Tegra Hall commenced this suit in a Michigan court on January 14, 2009, filing what Defendants have aptly termed a “kitchen sink” complaint against her former employer, Defendant Sky Chefs, Inc., a... |
52 | law. See 28 U.S.C. §§ 1441(a), 1331. By motion filed on March 1, 2010, Defendant Sky Chef and individual Defendants Eric Coleman, Justin Lathem, Jose Venegas, and Karen Damerow seek summary judgment in their favor on each of the claims asserted in Plaintiffs complaint. Among other contentions raised in this motion, Def... |
53 | 5, 2010, addressing several of the points raised in Defendants’ motion and evidently continuing to maintain that all 17 counts of the complaint remain viable following discovery, but leaving some of Defendants’ challenges unanswered. Defendants then filed an April 16, 2010 reply in further support of their motion. Havi... |
54 | s sanitation department at Detroit Metropolitan Airport, where she performed such tasks as loading, unloading, washing and sanitizing food service trolleys. During her employment with Sky Chefs, Plaintiff was a member of Local 24 of the H.E.R.E. union. A. Plaintiffs Complaints About and Difficulties with Her Co-Workers... |
55 | summary will suffice. In September of 2006, Plaintiff claimed that coworker (and Defendant) Jose Venegas deliberately rammed the trolleys into trash cans, causing the cans to strike Plaintiff on her legs. (See Plaintiffs Dep. at 195, 209-12.) Plaintiff testified that a supervisor and a lead worker, Defendants Eric Cole... |
56 | this period in 2005-06, and perhaps into 2007, Plaintiff has testified that she was subjected to sexual harassment from her co-workers and supervisors. She testified, for example, that one of her supervisors, Defendant Tracy Steele, “would try to brush his body parts up against mine” and would “tell me what he would li... |
57 | 96,166, 174-77.) Plaintiff further testified that her co-workers called her a “fake-*ss Christian” and made other derogatory comments about her when they saw her reading her Bible on her lunch break. (See id. at 180-82.) Finally, Plaintiff has testified about mistreatment she suffered in retaliation against her protect... |
58 | returned from this medical leave. (Id. at 219.) Similarly, she attributed some of the write-ups, discipline, and unfavorable treatment she received to the fact that she had filed claims for worker’s compensation benefits. (See id. at 89, 93.) B. Plaintiffs Disciplinary Record and Termination Over the course of her empl... |
59 | that Plaintiff had made “approximately 18 complaints, charges and grievances regarding roughly 22 different co-workers and management” in the past several months, and that while “[a]ll complaints have been investigated and will continue to be monitored,” many of the allegations Plaintiff had made in these complaints “c... |
60 | continued unsafe behavior in the workplace that had resulted in safety incidents and injuries, (Defendants’ Motion, Ex. L); (iv) on April 17, 2007 for tardiness, (Defendants’ Motion, Ex. N); and (v) in May of 2007 for personal conduct, based on a verbal confrontation with a female co-worker that “continued even after y... |
61 | and sent Thomas to work at a different location. (See id. at 227-28.) Plaintiff then complained to a supervisor, Dorothy Gonzales, who asked Babuka about this incident and was told that it was “no big deal.” (Id. at 228.) Director of Operations Toni-no Palladinelli subsequently looked into this incident, and was told b... |
62 | internal complaint, and or hotline process. In doing so you are violating the confidentiality surrounding issues that are being investigated, as well as your signed confidentiality agreement. In August 2006 you were provided a Code of Conduct during a counseling session. Since that time you continue to violate the code... |
63 | Agreement], You are being terminated effective immediately. (Id.) Plaintiff filed a grievance through her union challenging her discharge, but the grievance was denied. She then commenced this suit in January of 2009, asserting a laundry list of claims of discrimination, harassment, and retaliation against her former e... |
64 | Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett,... |
65 | Fed.R.Civ.P. 56(e)(1). Finally, “the mere existence of a scintilla of evidence that supports the non-moving party’s claims is insufficient to defeat summary judgment.” Pack, 434 F.3d at 814 (alteration, internal quotation marks, and citation omitted). B. Plaintiff Has Failed to Establish a Prima Facie Case of Discrimin... |
66 | reason was a pretext for unlawful discrimination. The Court agrees. In this case, Plaintiff does not claim to have produced any direct evidence of discrimination in the decision to terminate her employment, but instead expressly acknowledges that her claims of disparate treatment are properly analyzed under the familia... |
67 | (1997). For present purposes, at least, Defendants concede that Plaintiff has established the first three elements of her prima facie case, and they challenge only her showing that she was treated differently from similarly situated individuals outside the protected classes of which she is a member. As the Sixth Circui... |
68 | marks and citation omitted). Plaintiffs effort to establish this prong of a prima facie case rests almost entirely on conelusory assertions that are unsupported by citation to the record. Regarding her claim of gender discrimina tion, she points exclusively to the different treatment purportedly given to her and cowork... |
69 | evidentiary support for this proposition. Indeed, in one respect, it seems virtually certain that Plaintiff and Thomas were not similarly situated. As discussed at length in the Court’s recitation of the pertinent facts, Plaintiffs disciplinary record with Sky Chefs featured an extensive series of verbal and written ad... |
70 | prior disciplinary records). Because Thomas is the only coworker identified by Plaintiff as a similarly situated male employee who was treated differently, and because she has failed to show that she and Thomas were similarly situated as this term is defined in the case law, Plaintiff cannot establish the fourth and fi... |
71 | and the Court declines Plaintiffs invitation to search for evidentiary support for this assertion. Next, with regard to the lewd song, Defendants note the evidence in the record that Lathem was, in fact, verbally instructed to stop singing this song. (See Damerow Dep. at 59-60; Lathem Dep. at 19.) Finally, and most imp... |
72 | allowed [unspecified] special treatment to observe their religion.” (Plaintiffs Response Br. at 12.) These contentions, in addition to being utterly bereft of factual support, are so woefully inadequate to raise an inference of discrimination in Plaintiffs discharge as to constitute an abandonment of Plaintiffs claim o... |
73 | this burden, as she does not address the question of pretext whatsoever in her response to Defendants’ motion. In any event, while Plaintiff might dispute the determination by Sky Chefs’ management, following an investigation, (see Defendants’ Motion, Ex. Q), that she engaged in insubordinate conduct toward lead worker... |
74 | Thomas use profanity and that Plaintiff had questioned his authority and leadership. (See Defendants’ Motion, Ex. Q.) In addition, and as discussed earlier, even if Plaintiff and co-worker Thomas had en gaged in precisely the same misconduct, Plaintiffs prior disciplinary record provided ample reason for Sky Chefs to d... |
75 | forms of harassment. The Court agrees. As a threshold matter, before turning to the merits of Plaintiffs claims of harassment, the Court observes that most or all of her claims brought under Title VII appear to be time-barred. “[T]he courts have recognized that the filing of a timely charge with the EEOC is a prerequis... |
76 | she was subjected to the various forms of harassment giving rise to her claims, every date that she specified in this testimony extended, at the latest, to the end of 2006. (See, e.g., Plaintiffs Dep. at 108, 121-23, 131, 144-45, 165, 180-81.) To be sure, a claim may encompass incidents outside of this 300-day limit, b... |
77 | both verbal and written complaints about the harassment she was experiencing. (See, e.g., Plaintiffs Dep. at 96-100,102-03,108- 10, 122-23, 131, 135-36, 139, 143-45, 165-66, 175-76, 178-79, 182, 190.) The courts have held that such contemporaneous complaints evidence an employee’s “awareness of and duty to assert his o... |
78 | on her protected status, whether her gender, race, or religion, (iv) that the harassment had the effect of unreasonably interfering with her work performance by creating a hostile work environment, and (v) that there is a basis for charging Sky Chefs with liability' for this harassment. See Michael v. Caterpillar Finan... |
79 | — only where a plaintiff is subjected to conduct that is “sufficiently severe or pervasive to alter the conditions of [his] employment.” Abeita v. TransAmerica Mailings, Inc., 159 F.3d 246, 251 (6th Cir.1998) (internal quotation marks and citations omitted). The conduct in question “must be judged by both an objective ... |
80 | sporadic incidents.” Clark, 400 F.3d at 351. Harrison, 612 F.Supp.2d at 855-56. Plaintiff and her counsel have made very little effort to address this element of a prima facie case or to identify supporting evidence in the record. Turning first to her claim of sexual harassment, Plaintiff states (without citation to th... |
81 | regarded the conduct of her co-workers and supervisors as abusive. To the contrary, she testified at her deposition that she regarded the name-calling in the workplace as “lesser offenses to me,” a “lighter thing,” and “like high school junk to me,” and she contrasted this with workplace incidents that rendered her “no... |
82 | again has made essentially no effort to establish the subjective prong of the “hostile work environment” standard with respect to these claims. Regarding her claim of race-based harassment, Plaintiff offers only the conclusory assertion that “the harassment was severe and pervasive as it occurred on a daily basis from ... |
83 | indicating that she subjectively regarded the conduct and remarks of her co-workers as so severe or pervasive as to give rise to an abusive or hostile work environment. It follows that she has failed to establish a prima facie case of hostile work environment harassment based on her gender, race, or religion, whether u... |
84 | pervasive enough to create an environment that a reasonable person would find hostile or abusive.” Harrison, 612 F.Supp.2d at 856 (internal quotation marks and citation omitted). Rather, the Court has considered Plaintiffs showing only as to the subjective prong of this standard — that is, whether Plaintiff subjectivel... |
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