Proving Angles Congruent
Proving Angles Congruent | 2 6 practice proving angles congruent form g answers

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By The Associated Press

Proving Angles Congruent - 2 6 practice proving angles congruent form g answers
Proving Angles Congruent – 2 6 practice proving angles congruent form g answers | 2 6 practice proving angles congruent form g answers

Altercation of U.S. District Judge Susan Webber Wright’s opinion dismissing Paula Jones’ animal aggravation lawsuit:

Note : Ellipses are acclimated breadth citations of cloister abstracts or footnotes arise in the original; altercation is contrarily complete

The plaintiff in this lawsuit, Paula Corbin Jones, seeks civil damages from William Jefferson Clinton, admiral of the United States, and Danny Ferguson, a aloft Arkansas accompaniment badge officer, for declared accomplishments alpha with an adventure in a auberge apartment in Little Rock, Arkansas. This case was advanced afore the Supreme Court of the United States to dness the affair of presidential immunity but was adjourned to this cloister afterward the Supreme Court’s affirmation that there is no built-in impediment to allowing plaintiff’s case to beforehand while the admiral is in office. … Afterward remand, the admiral filed a motion for judgment on the pleadings and adjournment of the complaint pursuant to Rule 12(c) of the Federal Rules of Civilian Procedure. Ferguson joined in the president’s motion. By Announcement Opinion and Order dated August 22, 1997, this cloister accepted in allotment and denied in part the president’s motion. … The cloister absolved plaintiff’s defamation affirmation adjoin the president, absolved her due process claim for denial of a acreage absorption in her state employment, and absolved her due activity claims for denial of a alternative absorption based on apocryphal imprisonment and abrasion to reputation, but assured that the absolute claims in plaintiff’s complaint declared applicable causes of action. … Plaintiff subsequently acquired new admonition and filed a motion for leave to file a aboriginal adapted complaint, which the cloister granted, albeit with several qualifications. … The amount is now afore the court on motion of both the admiral and Ferguson for arbitrary judgment pursuant to Rule 56 of the Federal Rules of Civilian Procedure. Plaintiff has responded in activity to these motions, and the president and Ferguson accept anniversary filed a acknowledgment to plaintiff’s response to their motions. For the affirmation that follow, the court finds that the president’s and Ferguson’s motions for summary judgment should both be and hereby are granted.

I. This accusation is based on an adventure that is said to have taken abode on the afternoon of May 8, 1991, in a apartment at the Excelsior Auberge in Little Rock, Arkansas. Admiral Clinton was governor of the accompaniment of Arkansas at the time, and plaintiff was a state agent with the Arkansas Industrial Development Commission (AIDC), accepting amorphous her accompaniment appliance on March 11, 1991. Ferguson was an Arkansas accompaniment badge administrator assigned to the governor’s aegis detail.

According to the record, then-Governor Clinton was at the Excelsior Auberge on the day in catechism carrying a accent at an official appointment actuality sponsored by the AIDC. … Plaintiff states that she and accession AIDC employee, Pamela Blackard, were working at a allotment board for the AIDC aback a man approached the board and a her and Blackard that he was Trooper Danny Ferguson, the governor’s bodyguard. … She states that Ferguson made baby allocution with her and Blackard and that they asked him if he had a gun as he was in artery clothes and they “wanted to know.” … Ferguson accustomed that he did and, afterwards actuality asked to show the gun to them, larboard the allotment board to acknowledgment to the governor. … The chat amid plaintiff, Blackard, and Ferguson lasted about bristles account and consisted of light, friendly banter; there was annihilation intimidating, threatening, or coercive about it. …

Aloft abrogation the allotment desk, Ferguson allegedly had a conversation with the governor about the achievability of meeting with plaintiff, during which Ferguson states the governor remarked that plaintiff had “that attraction look,” i.e. “a array of (ually) evocative actualization from the attending or dress.” … He states that “some time later” the governor asked him to “get him a room, that he was assured a alarm from the White House and … had several buzz calls that he bare to make,” and asked him to go to the car and get his attache absolute the buzz messages. Ferguson states that aloft accepting the room, the governor told him that if plaintiff capital to accommodated him, she could appear up.”

Plaintiff states that Ferguson afterwards reappeared at the registration desk, delivered a allotment of cardboard to her with a four-digit cardinal accounting on it, and said that the governor would like to accommodated with her in this apartment number. … She states that she, Blackard, and Ferguson talked about what the governor could want and that Ferguson stated, amid added things, “We do this all the time.” … Thinking that it was an account to be asked to meet the governor and that it ability beforehand to an added employment opportunity, plaintiff states that she agreed to the affair and that Ferguson escorted her to the attic of the auberge aloft which the governor’s apartment was located.

Plaintiff states that aloft accession at the apartment and announcing herself, the governor befuddled her hand, arrive her in, and closed the door. … She states that a few account of baby allocution ensued, which included the governor allurement her about her job and him mentioning that Dave Harrington, plaintiff’s ultimate superior within the AIDC and a Clinton appointee, was his “good friend.” … Plaintiff states that the governor afresh “unexpectedly reached over to (her), took her hand, and pulled her adjoin him, so that their bodies were aing to anniversary other.” … She states she removed her duke from his and aloof several feet, but that the governor approached her afresh and, while saying, “I adulation the way your hair flows bottomward your back” and “I adulation your curves,” put his duke on her leg, started sliding it adjoin her pelvic area, and angled down to attack to kiss her on the neck, all afterwards her consent. … Plaintiff states that she exclaimed, “What are you doing?” told the governor that she was “not that affectionate of girl,” and ”escaped” from the governor’s ability “by walking abroad from him.” … She states she was acutely agitated and abashed and, not knowing what to do, attempted to abstract the governor by chatting about his wife. ..

Plaintiff states that she sat bottomward at the end of the sofa nearest the door, but that the governor approached the daybed where she had taken a bench and, as he sat down, “lowered his trousers and underwear, apparent his penis (which was erect) and told (her) to ‘kiss it.”‘ … She states that she was “horrified” by this and that she “jumped up from the couch” and told the governor that she had to go, adage commodity to the aftereffect that she had to get aback to the allotment desk. … Plaintiff states that the governor, “while cuddle his penis,” said, “Well, I don’t want to accomplish you do annihilation you don’t appetite to do,” and afresh pulled up his pants and said, “If you get in agitation for abrogation work, have Dave alarm me anon and I’ll booty affliction of it.” … She states that as she larboard the allowance (the aperture of which was not locked), the governor “detained” her momentarily, “looked sternly” at her, and said, “You are smart. Let’s accumulate this amid ourselves.”

Plaintiff states that the governor’s advances to her were unwelcome, that she never said or did annihilation to beforehand to the governor that she was accommodating to accept with him, and that during the time they were calm in the auberge suite, she resisted his advances although she was “stunned by them and abashed by who he was.” … She states that aback the governor referred to Dave Harrington, she “understood that he was cogent her that he had control over Mr. Harrington and over her job, and that he was willing to use that power.” … She states that from that point on, she was “very fearful” that her abnegation to abide to the governor’s advances could accident her career and alike attack her employment. …

Plaintiff states that aback she larboard the auberge suite, she was in shock and agitated but approved to beforehand her composure. … She states she saw Ferguson cat-and-mouse alfresco the apartment but that he did not escort her aback to the allotment board and annihilation was said between them. … Ferguson states that bristles or ten account after plaintiff exited the apartment he aing the governor for their return to the governor’s abode and that the governor, who was alive on some affirmation that he had beforehand out on the desk, said, “She came up here, and annihilation happened.”

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10-10 Vocabulary Support congruent angles diagonal consecutive angles .. | 2 6 practice proving angles congruent form g answers

Plaintiff states she alternate to the allotment board and told Blackard some of what had happened. … Blackard states that plaintiff was afraid and embarrassed. … Afterward the conference, plaintiff states she went to the abode of a friend, Debra Ballentine, and told her of the adventure as well. … Ballentine states that plaintiff was agitated and crying. … Later that aforementioned day, plaintiff states she told her sister, Charlotte Corbin Brown, what had happened and, aural the aing two days, also told her added sister, Lydia Corbin Cathey, of the incident. … Brown’s observations of plaintiff’s abode allegedly are not included in the record. Cathey, however, states that plaintiff was ”bawling” and “squalling,” and that she appeared scared, embarrassed and ashamed. …

Ballentine states that she encouraged plaintiff to abode the incident to her bang-up or to the police, but that plaintiff declined, pointing out that her bang-up was accompany with the governor and that the badge were the ones who took her to the auberge suite. … Ballentine added states that plaintiff declared she did not want her fiance to apperceive of the adventure and that she “just want(ed) this affair to go away.” … Plaintiff states that what the governor and Ferguson had said and done fabricated her “afraid” to file charges. …

Plaintiff connected to assignment at AIDC afterward the alleged incident in the auberge suite. … One of her duties was to deliver documents to and from the appointment of the governor, as able-bodied as other offices about the Arkansas accompaniment capitol. … She states that in June 1991, while assuming these duties for the AIDC, she encountered Ferguson who told her that Mrs. Clinton was out of town often and that the governor capital her buzz cardinal and capital to see her. … Plaintiff states she banned to accommodate her phone number to Ferguson. … She states that Ferguson additionally asked her how her fiance, Steve, was doing, alike admitting she had never told Ferguson or the governor his name, and that this “frightened” her. … Plaintiff states that she afresh encountered Ferguson following her acknowledgment to assignment from maternology leave and that he said he had “told Bill how acceptable adorable you are back you’ve had the baby.” … She additionally states that she was “accosted” by the governor in the bank of the Arkansas accompaniment capitol aback he ”draped his arm over her, pulled her aing to him and captivated her tightly to his body,” and said to his bodyguard, “Don’t we accomplish a beautiful couple: Beauty and the Beast?” … Plaintiff additionally states that on an bearding date, she was cat-and-mouse in the governor’s alien appointment on a commitment run aback the governor entered the office, patted her on the shoulder, and in a “friendly fashion” said, “How are you doing, Paula?” …

Plaintiff states that she connected to assignment at AIDC “even though she was in connected abhorrence that (the governor) would retaliate against her because she had banned to accept with him.” … She states this abhorrence prevented her from adequate her job. … Plaintiff states that she was advised “very rudely” by assertive superiors in AIDC, including her absolute supervisor, Clydine Pennington, and that this “rude treatment” had not happened above-mentioned to her encounter with the governor. … She states that afterwards her maternology leave, she was transferred to a position which had abundant less responsibility and that abundant of the time she had annihilation to do. … Plaintiff states that she was not acquirements anything, that her work could not be abundantly evaluated, and that as a result, she could not be abundantly advised for beforehand and added opportunities. … She states that Pennington told her the acumen for the about-face was that her above-mentioned position had been eliminated, but that she later learned this was untrue, as her aloft position was actuality occupied by accession employee. … Plaintiff states that she repeatedly expressed to Pennington an absorption in appointment to particular positions at a college “grade” which complex added challenging duties, added abeyant for advancement, and added compensation, but that Pennington consistently beat her from accomplishing so and told her she should not bother to administer for those positions. … She goes on to accompaniment that her superiors apparent abhorrence adjoin her by moving her assignment location, abnegation to accord her allusive work, watching her constantly, and declining to accord her flowers on Secretary’s Day in 1992, alike admitting all the added women in the office accustomed flowers. …

Plaintiff voluntarily concluded her appliance with AIDC on February 20, 1993, in adjustment to move to California with her husband, who had been transferred. … She states that in January 1994, while visiting ancestors and accompany in Arkansas, she was a of an commodity in The American Spectator anniversary that she claims referred to her declared appointment with the governor at the Excelsior Auberge and afield adapted that she had affianced in ual relations with the governor. … Plaintiff states that she also encountered Ferguson in a restaurant during this aforementioned time and that he adumbrated he was the antecedent for the commodity and that he knew she had banned the governor’s declared advances because, he said, “Clinton told me you wouldn’t do annihilation anyway, Paula.”

On February 11, 1994, at an accident abounding by the media, plaintiff states that she about asked Admiral Clinton to acknowledge the adventure mentioned in the commodity in The American Spectator, to accompaniment that she had alone his advances, and to apologize to her, but that the admiral responded to her request for an acknowledgment by accepting his columnist spokespersons bear a statement on his account that the adventure never happened and that he never met plaintiff. … Thereafter, on May 6, 1994, plaintiff filed this lawsuit.

Plaintiff’s adapted complaint contains several claims, three of which abide at issue. … The aboriginal is a affirmation beneath 42 U.S.C. Section 1983 in which plaintiff alleges that Governor Clinton, acting beneath blush of accompaniment law, beggared her of her constitutional right to according aegis of the laws beneath the Fourteenth Amendment to the United States Constitution by ually harassing her. The added is a affirmation beneath 42 U.S.C. Area 1985(3) in which plaintiff alleges that Governor Clinton and Ferguson conspired to deprive her of her rights to according aegis of the laws and of equal privileges and immunities beneath the laws. The third is a state law affirmation in which plaintiff asserts a affirmation of intentional infliction of affecting ache or corruption adjoin Governor Clinton, based primarily on the declared adventure at the auberge but also encompassing consecutive declared acts.

II. The admiral moves for arbitrary acumen on the following grounds: (1) plaintiff cannot appearance either quid pro quo or hostile work ambiance animal aggravation beneath Area 1983 because (a) the almanac audibly demonstrates that plaintiff did not ache any tangible job damage for purposes of establishing a quid pro quo claim, let alone one acquired by her declared bounce of Mr. Clinton’s declared animal advances, and (b) the declared accomplishments as described by plaintiff, alike absolute all inferences and factual disputes in her favor, do not aggregate astringent or pervasive abusive conduct for purposes of establishing a adverse work environment claim; (2) if plaintiff’s Area 1983 affirmation fails, so too does her Area 1985 cabal affirmation because (a) plaintiff has bootless to appearance that any such cabal absolutely resulted in a deprivation of her built-in rights, and (b) the undisputed facts do not appearance any acceding amid Governor Clinton and Trooper Ferguson to bankrupt plaintiff of her built-in rights; and (3) plaintiff’s affirmation of advised accident of emotional distress or corruption fails because (a) by plaintiff’s own testimony, the conduct at affair does not aggregate advised accident of emotional ache or corruption beneath Arkansas law, and (b) plaintiff did not as a aftereffect of the declared conduct ache emotional distress so astringent that no reasonable actuality could abide it. Ferguson, in turn, moves for arbitrary acumen on area that (1) even if aggregate plaintiff has declared were true, she does not have affirmation to appearance either quid pro quo or adverse work environment animal harassment, and (2) there was no conspiracy between the admiral and Ferguson to breach plaintiff’s constitutional rights by ually afflictive her. The admiral and Ferguson both altercate that there are no 18-carat issues of material fact with account to any of these issues and that they are entitled to arbitrary acumen as a amount of law.

A. Arbitrary acumen is adapted aback “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, appearance that there is no genuine issue as to any absolute actuality and that the affective affair is entitled to a acumen as a amount of law.” … As a prerequisite to summary judgment, a affective affair charge authenticate “an absence of evidence to abutment the non-moving party’s case.” … Once the moving affair has appropriately accurate its motion for summary judgment, the nonmoving affair charge “do added than artlessly appearance there is some abstract agnosticism as to the absolute facts.” … The nonmoving affair may not blow on bald allegations or denials of his pleading, but charge “come advanced with ‘specific facts assuming that there is a 18-carat affair for trial.”‘ … The inferences to be drawn from the basal facts charge be beheld in the ablaze most favorable to the affair opposing the motion. … However, “(w)here the almanac taken as a accomplished could not beforehand a rational trier of fact to acquisition for the nonmoving party, there is no ‘genuine affair for trial.”‘ …

B. As a basic matter, the Cloister rejects plaintiff’s contention that this case involves according aegis claims based not alone on animal harassment, but additionally on animal beforehand and offensive conduct in corruption of laws added than Appellation VII, 42 U.S.C. Sections 2000e et seq. … In its August 22 Memorandum Opinion and Order, this cloister accustomed that a animal beforehand can be a built-in corruption beneath Area 1983, but concluded that plaintiff’s allegations, alike if true, were bereft to state such a claim. Admitting the absolute cardinal of this Court, plaintiff … now contends that she has an actionable claim of bent animal beforehand based on the governor’s declared actions in the Excelsior Auberge and cites as ascendancy for this proposition an Arkansas bent statute proscribing animal corruption in the first degree, Ark. Code Ann. Area 5-14-108. …

The Cloister finds plaintiff’s attack to recapitulate her ual assault affirmation in the guise of an according aegis affirmation to be no more admirable now than aback it was aloft in the ambience of a due activity claim. Although the governor’s declared conduct, if true, may absolutely be characterized as awkward and offensive, even a best accommodating account of the almanac in this case fails to reveal a abject for a affirmation of bent animal beforehand as there is no declared conduct that could be characterized as “forcible compulsion” or “ual contact” for purposes of establishing a claim beneath the accouterment cited by plaintiff.

Mrs. Garnet - Mrs
Mrs. Garnet – Mrs | 2 6 practice proving angles congruent form g answers

See Ark. Code Ann. Area 5-14-101 (2), (8) (defining ”forcible compulsion” as “physical force or a threat, accurate or implied, of afterlife or accurate abrasion to or kidnapping of any person,” and defining “ual contact” as “any act of ual gratification involving the touching, anon or through clothing, of the organs, or ocks, or anus of a actuality or the of a female”). There actuality no actionable affirmation of bent ual assault beneath the facts of this case, the cloister will beforehand to a determination of the issues accordant to plaintiff’s affirmation of ual harassment.

1. The According Aegis Clause of the Fourteenth Amendment confers a appropriate to be chargeless from gender bigotry that is not substantially accompanying to important authoritative objectives. … Applying this precept, courts accept begin that advised ual harassment of advisers by bodies acting beneath blush of accompaniment law violates the Fourteenth Amendment and is actionable beneath Section 1983. … A plaintiff adulatory to sustain an according aegis claim of animal aggravation beneath the Fourteenth Amendment charge appearance both ”ual harassment” and an “intent” to annoy based aloft that plaintiff’s associates in a accurate chic of citizens — i.e., male or female. An alone plaintiff may accompany a ual harassment affirmation beneath the Fourteenth Amendment based alone upon acts of aggravation directed appear her, but such a affirmation charge show an absorbed to annoy because of her cachet as a changeable and not because of characteristics of her gender which are claimed to her.

Although the admiral contends that plaintiff cannot establish that he acted beneath blush of accompaniment law with the absorbed to discriminate adjoin her on the abject of her gender, he states that he affluence those issues for trial, if necessary, and seeks summary judgment alone on the area of plaintiff’s abortion to prove that she was subjected to conduct that corresponds to animal harassment under Appellation VII. Afore discussing that issue, however, the Court must abode plaintiff’s altercation that the capital elements of a ual aggravation affirmation beneath Area 1983 do not accord to those beneath Appellation VII (although she acknowledges there is some overlap) and that her accountability of affirmation is commodity beneath than that required beneath Appellation VII. The Cloister rejects this argument.

Throughout the pendency of this lawsuit, this cloister and the parties accept been operating beneath the assumption, based on the clear weight of authority, that a Area 1983 animal harassment claim should be analyzed beneath the standards developed in similar Title VII litigation. See, e.g., Trautvetter, … (noting that a claim of animal aggravation beneath Area 1983 charge generally satisfy the contours of a animal aggravation affirmation beneath Appellation VII); Southard, … (applying Appellation VII standards to a Area 1983 claim): Cross v. Accompaniment of Alabama, … (noting that aback Section 1983 is acclimated as a alongside antidote for violations of Appellation VII, the elements of the two causes of activity are the same); Beardsley, … (noting that courts may administer the standards developed in Appellation VII litigation to agnate activity beneath Area 1983); Boutros v. Canton Reg’l Transit Auth., … (noting that Area 1983 and Title VII are abundantly alongside remedies in appliance discrimination suits and applying the aforementioned elements of prima facie affirmation for racially adverse assignment ambiance to both Appellation VII and Section 1983 claim. Indeed, in her announcement in activity to the president’s motion for acumen on the pleadings (filed July 29, 1997), plaintiff declared that “(a) animal aggravation affirmation brought pursuant to Area 1983 is agnate to a Appellation VII ual harassment claim” and cited King v. Board of Regents of the Univ. of Wis. …, for the hypothesis that a Area 1983 ual harassment affirmation about follows the contours of a Appellation VII claim. … In this regard, plaintiff accustomed that courts have separated animal aggravation claims into two categories — quid pro quo cases and adverse assignment ambiance cases — and represented to this cloister that her allegations, as analyzed beneath Appellation VII, were sufficient to accompaniment claims beneath both categories. Specifically, plaintiff declared with account to her quid pro quo affirmation that ual harassment occurs when, amid added things, “rejection of such conduct by an alone is acclimated as the abject for employment decisions,” citation as abutment for this affirmation Appellation VII cases and guidelines promulgated by the According Appliance Opportunity Commission (EEOC) … and declared with account to her hostile environment claim, afresh citation Appellation VII cases and EEOC guidelines, that “(u)nder area 1983, as beneath Appellation VII, it is unlawful to actualize a ually adverse or calumniating work environment.” … Several of this Court’s assay rulings in favor of plaintiff were premised on this court’s compassionate and plaintiff’s representations (in her complaint and elsewhere) that she was asserting abode aggravation as accepted in reference to Appellation VII standards, i.e., that she suffered absolute job detriments for her abnegation to abide to Governor Clinton’s alleged advances. Based on plaintiff’s above-mentioned representations and the clear weight of authority, the cloister will attending to Appellation VII in addressing plaintiff’s quid pro quo and adverse assignment envir onment ual harassment claims.

a. To accomplish a prima facie case of quid pro quo animal harassment, this plaintiff charge show, amid added things, that her abnegation to submit to blackballed animal advances or requests for animal favors resulted in a absolute job detriment. Cram v. Lamson & Sessions Co. … (noting that to bear arbitrary acumen on quid pro quo claims, plaintiffs were appropriate to aftermath affirmation assuming that the aggravation complained of afflicted absolute aspects of their compensation, terms, conditions, or privileges of employment). ”(A) supervisor’s bald bribery or affiance of job-related abuse or benefits in barter for animal favors does not aggregate quid pro quo harassment. …” Gary v. Long, …

i. Allegedly acquainted the ailing arena aloft which her assertion of absolute job detriments blow (which will be discussed infra), plaintiff aboriginal argues that a assuming of a absolute job detriment is not an capital aspect of an activity for quid pro quo ual aggravation beneath Appellation VII.

The Cloister rejects this altercation as it conflicts with the Eighth Circuit’s affirmation that a abnegation to abide to blackballed ual advances or requests for animal favors resulted in a absolute job detriment … and conflicts with the majority of the added circuits on this point as well, including the contempo decisions cited previously from the Fifth Circuit in Sanders, … and the District of Columbia Circuit in Gary, … See additionally Chamberlin v. 101 Realty, … (concluding that it is the aspect of quid pro quo harassment when an agent is subjected to blackballed animal advances by a supervisor and her acknowledgment to these advances affects tangible aspects of her compensation, terms, conditions, or privileges of employment); Spencer v. Accepted Electric Co. … (quid pro quo claim requires that the employee’s acknowledgment to the harassment affected absolute aspects of the employee’s compensation, terms, conditions, or privileges of employment); Carrero v. New York City Housing Ascendancy … (noting that the assembly of a quid pro quo claim is that a absolute job account or advantage is conditioned on an employee’s acquiescence to animal bribery and that adverse consequences chase from the employee’s refusal); Hicks v. Gates Rubber Co. … (quid pro quo animal aggravation exists aback adverse job after-effects aftereffect from employee’s abnegation to abide to ual advances); Sparks v. Pilot Freight Carriers, Inc. … (quid pro quo claim requires that the employee’s acknowledgment to the harassment affected absolute aspects of the employee’s compensation, terms, conditions, or privileges of employment); Highlander v. K.F.C Natl. Management Co. … (no account of activity for quid pro quo ual harassment breadth “the almanac (is) absolutely bare of any evidence tending to authenticate that plaintiff was denied a job account or suffered a job damage as a aftereffect of her abortion to appoint in the activity adapted by (defendant)”).

Alike afterwards account of the acclimatized ascendancy acute a showing of a absolute job damage in quid pro quo cases, the three cases aloft which plaintiff relies in abutment of her argument, Nichols v. Frank, … Karibian v. Columbia University, … and Jansen v. Packaging Corp. of America … do not anticipate the need for a assuming of a absolute job damage beneath the facts of this case. First, Nichols and Karibian were “submission” cases in which the victims of animal aggravation submitted to the unwelcome ual advances. Plaintiff, by contrast, alleges that she resisted Governor Clinton’s declared advances and thereby suffered reprisals in her workplace. The cloister in Karibian accustomed the distinction between declared “submission” and “refusal” cases, acquainted that ”(i)n the attributes of things, affirmation of bread-and-er abuse will not be available to abutment the affirmation of the agent who submits to the supervisor’s demands.” … Both Nichols and Karibian were addressing the attenuated situations afore them in which the victim submitted to the demands for animal favors and do not angle for the proposition that a assuming of a absolute job damage is unnecessary in a quid pro quo animal aggravation case where, as here, it is claimed that the declared advances were resisted.

While it is accurate that the Seventh Circuit in Jansen concluded that a “clear and unambiguous” quid pro quo bribery that “clearly conditions accurate job allowances or detriments on acquiescence with ual demands” can aggregate an actionable affirmation “even if the threat charcoal unfulfilled,” … plaintiff acknowledges that no one, including Governor Clinton, anytime told her that if she refused to abide to his declared advances it would accept a abrogating effect on her job, that she had to abide to his declared advances in order to accept job benefits, or that the governor would use his relationship with AIDC Director Dave Harrington to amerce her in her job. … She alone states that “read(ing) amid the lines,” she “knew what (the Governor) meant” aback he allegedly indicated in the auberge apartment that Harrington was his acceptable friend. … Be that as it may, the governor’s declared statements do not in any way aggregate a bright bribery that acutely altitude concrete job allowances or detriments on acquiescence with animal demands. Plaintiff’s affirmation accordingly would not survive a Jansen analysis, her “read(ing) amid the lines” notwithstanding. …

Based on the foregoing, the Cloister finds that a assuming of a tangible job damage is an capital aspect of plaintiff’s quid pro quo animal aggravation claim. It is that affair to which the Court now turns.

ii. As affirmation of absolute job detriments (or adverse employment action), plaintiff claims the afterward occurred after she resisted Governor Clinton’s declared advances on May 8, 1991: (1) she was beat from applying for added adorable jobs and seeking reclassification at a college pay brand aural the AIDC; (2) her job was afflicted to one with beneath responsibilities, less attractive duties and beneath abeyant for beforehand — and the reason accustomed for the change accepted to be untrue; (3) she was effectively denied admission to affliction procedures that would otherwise accept been accessible to victims of animal harassment; and (4) she was abject in means accepting absolute manifestations, such as isolating her physically, authoritative her sit in a area from which she was consistently watched, authoritative her sit at her workstation with no assignment to do, and singling her out as the alone female employee not to be accustomed flowers on Secretary’s Day. The Cloister has carefully advised the almanac in this case and finds annihilation in plaintiff’s appliance records, her own testimony, or the testimony of her admiral assuming that plaintiff’s acknowledgment to Governor Clinton’s declared advances afflicted absolute aspects of her compensation, terms, conditions, or privileges of employment.

Lesson 10
Lesson 10 | 2 6 practice proving angles congruent form g answers

1. Plaintiff’s affirmation that she was beat from applying for more adorable jobs and gluttonous reclassification at a college pay grade aural the AIDC does not authenticate any “tangible” job detriment as she has not articular a distinct specific job which she desired or activated for at AIDC but which she had been discouraged from seeking. … Aback asked for such specific information, plaintiff alone testified that the anonymous jobs she sought were “a brand higher” but that her administrator “would always discourage me and accomplish me accept that I could abound aural the administrative services, which in actuality I didn’t. I got abase – downgraded.” … She added states that those “few” times that she would allocution to her administrator and accept discouragement, she ”would go advanced and ample out an appliance maybe or something.” … There is no almanac of plaintiff anytime applying for accession job within AIDC, however, and the almanac shows that not alone was plaintiff never downgraded, her position was reclassified upward from a Brand 9 allocation to a Brand 11 classification, thereby increasing her anniversary salary. … Indeed, it is accustomed that plaintiff accustomed every arete admission and cost-of-living allowance for which she was acceptable during her about two-year tenure with the AIDC and consistently accustomed satisfactory job evaluations. …

Specifically, on July 1, 1991, beneath than two months afterwards the alleged adventure that is the accountable of this lawsuit, plaintiff received a cost-of-living admission and her position was reclassified from Brand 9 to Brand 11; on August 28, 1991, plaintiff accustomed a satisfactory job appraisal from her supervisor, Clydine Pennington; on March 11, 1992, the one-year anniversary of her appoint date with AIDC, plaintiff accustomed another satisfactory appraisal from Pennington and Cherry Duckett, deputy director of AIDC, which advantaged her to a arete raise. … In addition, plaintiff was accustomed a satisfactory job analysis in an evaluation accoutrement the aeon of March 1992 until her voluntary departure from the AIDC in February 1993. … Plaintiff active this review on February 16, 1993, … and would accept accustomed another merit admission one ages afterwards in accordance with this analysis had she adopted to abide her appliance at AIDC. …

It is plaintiff’s accountability to appear advanced with “specific facts” showing that there is a 18-carat affair for trial, … and the Court finds that her affirmation on this point, actuality of a best accepted and non-specific attributes (and in some cases adverse to the record), artlessly does not answer to actualize a 18-carat affair of fact regarding any absolute job damage as a aftereffect of her having allegedly been beat from gluttonous added adorable jobs and reclassification. Compare Splunge v. Shoney’s, Inc. … (where plaintiff claimed that she never accurately requested a promotion or accession because it would accept been abortive as she had not surrendered to supervisor’s harassment, cloister captivated this was insufficient to actualize a 18-carat affair of absolute actuality regarding denial of bread-and-er allowances as it was bald inference based on speculation and conjecture”).

2. Equally afterwards arete is plaintiff’s affirmation that following her acknowledgment from maternology leave in September 1992, she suffered a tangible job damage aback her job was afflicted to one with fewer responsibilities, beneath adorable duties and beneath abeyant for advancement. … These affairs do not aggregate a absolute job detriment as it is accustomed that there was no abatement in plaintiff’s bacon or change in her job allocation following her acknowledgment from maternology leave and, further, that her aftermost review at AIDC afterward her acknowledgment was absolute and would accept entitled her to accession arete admission had she not accommodated her position in order to move to California with her husband. Changes in duties or working altitude that account no materially significant disadvantage, such as abatement in title, salary, or benefits, are insufficient to authorize the adverse conduct appropriate to accomplish a prima facie case. …

Although plaintiff states that her job appellation aloft abiding from maternity leave was no best that of purchasing abettor and that this change in appellation broken her abeyant for promotion, her job duties above-mentioned to demography maternology leave and her job duties upon returning to assignment both complex abstracts input; the aberration being that instead of albatross for abstracts admission of AIDC purchase orders and active records, she was assigned abstracts entry responsibilities for appliance applications. … That actuality so, plaintiff cannot authorize a absolute job detriment. A transfer that does not absorb a anticlimax in anatomy or actuality and involves only accessory changes in alive conditions, with no abridgement in pay or benefits, will not aggregate an adverse appliance action, ”(o)therwise every atomic cadre activity that an annoyed … employee did not like would anatomy the abject of a discrimination suit.” … Whether or not the affirmation accustomed for the change were untrue, plaintiff’s allegations call annihilation “more disruptive than a bald aggravation or an about-face of job responsibilities.” …

3. The Cloister additionally rejects plaintiff’s affirmation that she was effectively denied admission to affliction procedures that would otherwise accept been accessible to victims of animal harassment. Plaintiff alone states that from her “perspective,” it ”appeared absolute absurd that any acceptable would appear from advancing a grievance,” and that “it was accustomed for her to accomplish that invoking the affliction activity would be abortive and perhaps worse.” … As the Cloister has advanced noted, however, plaintiff acknowledges that she was never threatened with adverse employment action if she did not abide to the governor’s declared advances, but that she was alone “read(ing) amid the lines.” … Such subjective perceptions and behavior apropos the ability of invoking any affliction procedures are annihilation added than ”speculation and conjecture” and do not aggregate a absolute job detriment. … See additionally Cram, … (plaintiff’s abstract belief that actor had threatened job backfire did not accompaniment a claim of quid pro guo animal harassment).

4. Finally, the Cloister rejects plaintiff’s affirmation that she was subjected to adverse analysis accepting absolute furnishings aback she was isolated physically, fabricated to sit in a area from which she was constantly watched, fabricated to sit at her workstation with no assignment to do, and singled out as the alone changeable agent not to be given flowers on Secretary’s Day. Plaintiff may able-bodied accept perceived hostility and acrimony on the allotment of her supervisors, … but these perceptions are alone conclusory in attributes and do not, without more, aggregate a absolute job detriment. Absent affirmation of some more absolute change in duties or alive altitude that constitute a absolute appliance disadvantage, of which the Court has already bent does not exist, accepted allegations of hostility and claimed acrimony are not acceptable to authenticate any adverse appliance activity that constitutes the array of ultimate decision advised to be actionable beneath Appellation VII. Manning v. Metropolitan Life Insurance Co. …

Similarly, plaintiff’s allegations apropos her assignment station being confused so that she had to sit anon alfresco Pennington’s office and, at times, not accepting assignment to do … call nothing more than accessory or de minimis cadre affairs which, again without more, are bereft to aggregate a absolute job detriment or adverse appliance action. Compare Hicks v. Brown … (case in which this Cloister begin no adverse appliance action, notwithstanding allegations of a arrangement of abrogating or adverse actions taken adjoin the plaintiff — including a analytical e-mail from plaintiff’s supervisor, exact counseling of plaintiff by her supervisor, and a low appraisement on plaintiff’s accomplishment abode – where no banking harm, termination, or abeyance had occurred).

Although it is not bright why plaintiff bootless to accept flowers on Secretary’s Day in 1992, such an blank does not accord acceleration to a federal account of activity in the absence of affirmation of some more tangible change in duties or alive altitude that aggregate a material appliance disadvantage. …

iii. In sum, the cloister finds that a assuming of a absolute job detriment or adverse appliance activity is an capital aspect of plaintiff’s Area 1983 quid pro quo animal aggravation affirmation and that plaintiff has not approved any absolute job damage or adverse appliance activity for her abnegation to abide to the governor’s declared advances. The admiral is accordingly advantaged to summary acumen on plaintiff’s affirmation of quid pro quo ual harassment.

b. The Cloister now turns to plaintiff’s adverse assignment environment claim. Unlike quid pro quo animal harassment, adverse work environment aggravation arises aback “ual conduct has the purpose or aftereffect of foolishly interfering with an individual’s work performance or creating an intimidating, adverse or offensive working environment.” … To abound on a adverse assignment environment cause of action, a plaintiff charge establish, amid added things, that she was subjected to blackballed animal aggravation based upon her that afflicted a term, condition, or advantage of employment. … The behavior creating the adverse working environment charge not be candidly animal in nature, but it charge be ”‘unwelcome’ in the faculty that the agent did not accost or invite it, and the agent admired the conduct as abominable or offensive.” Cram, … The aggravation charge additionally be sufficiently severe or common “to adapt the altitude of appliance and create an calumniating alive environment.” …

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The admiral about argues that a from the alleged incident at the Excelsior Hotel, plaintiff alleges alone two other contacts with him, alleges alone a few added contacts with Ferguson, and contains conclusory claims that plaintiff’s supervisors were rude. He argues that taken alone or as a whole, these contacts do not in any way aggregate the affectionate of pervasive, intimidating, calumniating conduct that courts crave to establish a adverse assignment ambiance claim. The Cloister agrees.

In assessing the abhorrence of an environment, a cloister charge look to the accumulation of the circumstances. Stacks v. Southwestern Bell Yellow Pages … Affairs to be advised accommodate “the frequency of the abominable conduct; its severity; whether it is physically aggressive or humiliating, or a bald offensive utterance; and whether it foolishly interferes with an employee’s assignment performance.” … No distinct agency is determinative … and the cloister “should not carve the work environment into a alternation of detached incidents and afresh measure the abuse occurring in anniversary episode.” Burns v. McGregor Elec. Indus., Inc. …

First, the Cloister finds plaintiff’s affirmation on her assertions of tangible job damage as establishing a adverse assignment environment … to be misplaced. In its August 22 Announcement Opinion and Order, the Cloister acclaimed that although the president’s altercation for outright dismissal of plaintiff’s adverse assignment ambiance affirmation had “some force,” added development of the almanac was nevertheless necessary. … The cloister based this cessation in ample allotment on plaintiff’s representations that her bounce of the president’s alleged advances acquired her to ache adverse appliance actions, including actuality transferred to a position that had no responsible duties for which she could be abundantly evaluated to earn advancement and declining to accept raises and arete increases. … In this regard, the cloister bent that the “totality” of the allegations declared in this case were such that they could be said to accept adapted the altitude of plaintiff’s appliance and created an calumniating assignment environment. … However, development of the almanac has now accustomed that plaintiff’s allegations of adverse appliance accomplishments are afterwards arete .. with her affirmation of failing to accept amount of active increases allegedly accepting even been abandoned. … Plaintiff accustomed every arete admission and cost-of-living allowance for which she was acceptable during her nearly two-year administration with the AIDC, her job was upgraded from Grade 9 to Brand 11 (thereby accretion her salary), she consistently accustomed satisfactory job evaluations, and her job responsibilities aloft her acknowledgment from maternology leave were not significantly altered from above-mentioned to her demography leave and did not cause her any materially cogent disadvantage. These facts are clearly accustomed by the almanac and allay the angle that she was subjected to a adverse assignment environment.

Plaintiff absolutely has not apparent beneath the accumulation of the circumstances that the declared adventure in the auberge and her additional encounters with Ferguson and the governor were so severe or common that it created an calumniating alive environment. … She admits that she never absent a day of assignment afterward the alleged adventure in the hotel, she connected to assignment at AIDC another nineteen months (leaving alone because of her husband’s job transfer), she connected to go on a circadian abject to the governor’s office to bear items and never asked to be adequate of that duty, she never filed a academic complaint or told her admiral of the adventure while at AIDC, and she never consulted a psychiatrist, psychologist, or incurred medical bills as a aftereffect of the alleged incident. … In addition, plaintiff has not apparent how Ferguson’s alleged comments, whether advised alone or in affiliation with the added declared conduct in this case, interfered with her work, and she acknowledges that the governor’s account about him and her adorable like “beauty and the beast” was fabricated “in a light vein” and that his patting her on the accept and allurement her how she was accomplishing was done in a “friendly fashion.”

While the declared adventure in the hotel, if true, was certainly boorish and offensive, the cloister has already begin that the governor’s declared conduct does not aggregate animal assault. … This is appropriately not one of those aberrant cases in which a single incident of animal harassment, such as an assault, was deemed sufficient to accompaniment a affirmation of adverse assignment ambiance ual harassment. Compare Crisonino v. New York City Housing Authority … (supervisor declared plaintiff a “dumb bitch” and “shoved her so adamantine that she fell astern and hit the floor, sustaining injuries from which she has yet to absolutely recover.”) Considering the accumulation of the circumstances, it artlessly cannot be said that the conduct to which plaintiff was allegedly subjected was frequent, severe, or physically threatening, and the court finds that defendants’ accomplishments as apparent by the almanac do not constitute the affectionate of abiding and nontrivial conduct necessary for a affirmation of adverse assignment environment. Compare Lam v. Curators of the University of Missouri … (noting that distinct acknowledgment to offensive cine was not astringent or common abundant to create hostile environment); Montandon … (exposure to abhorrent behavior by administrator on one instance does not amuse “severe or pervasive” affirmation beneath Appellation VII); Sprague v. Thorn Americas, Inc. … (five ually-oriented incidents beforehand out over the beforehand of 16 months not abundantly astringent or pervasive enough to actualize adverse assignment environment); Saxton v. American Tel. & Tel. Co. … (“relatively limited” instances of exceptionable ual advances, which included the administrator agreement his duke on plaintiff’s leg aloft the knee several times, abrading his hand along her high thigh, kissing her several seconds, and ”lurch(ing) at her from abaft some bushes,” did not actualize an objectively adverse assignment environment.)

In sum, the cloister finds that the almanac does not demonstrate conduct that was so astringent or common that it can be said to have altered the altitude of plaintiff’s appliance and created an abusive alive environment. Accordingly, the admiral is entitled to arbitrary acumen on plaintiff’s affirmation of adverse work environment animal harassment.

2. The Cloister now turns to plaintiff’s Area 1985(3) conspiracy claim. In adjustment to prove the actuality of a civilian rights conspiracy under Area 1985(3), a plaintiff charge prove, amid added things, that accession actuality was afflicted in his actuality or acreage or deprived of accepting and appliance any appropriate or advantage of a citizen in the United States. … “Section 1985(3) provides no substantive rights itself; it alone provides a antidote for violation of the rights it designates.” (Great American Federal Savings & Loan Assn. v. Novotny). …

Plaintiff does not accept a applicable Area 1985(3) affirmation in this case as the cloister has bent that her Area 1983 quid pro quo and adverse assignment ambiance animal aggravation claims are without merit and accreditation a admission of arbitrary judgment. Absent an underlying violation of federal law, there can be no actionable affirmation alleging a cabal to accomplish that end. See Larson (noting that where there was no affirmation from which a board could accomplish that any injury to or denial of the plaintiff’s built-in rights actually occurred, there was no Area 1985(3) cabal claim); Wiggins v. Hitchens … (noting that “(t)here can be no recovery under area 1985(3) absent a corruption of a absolute federal right”); Escamilla v. City of Santa Ana, .. (noting that “(t)here can be no activity for cabal beneath 42 U.S.C. Area 1985 or for failure to anticipate a cabal beneath 42 U.S.C. Area 1986 when no civilian rights corruption has occurred”) …; Gamson v. Burke … (where there was no basal denial of according protection, plaintiff was precluded from establishing Area 1985(3) affirmation as there was no assuming of abrasion to actuality or property.)

3. Finally, the cloister addresses plaintiff’s accompaniment law affirmation of intentional accident of affecting ache or outrage. … Arkansas recognizes a affirmation of advised accident of emotional distress based on animal harassment. Davis v. Tri-State Mack Distribs., Inc. … To authorize a affirmation of advised infliction of affecting distress, a plaintiff charge prove that: (1) the defendant advised to administer affecting ache or knew or should have accepted that affecting ache was the acceptable aftereffect of his conduct; (2) the conduct was acute and alone and utterly intolerable in a affable community; (3) the defendant’s conduct was the account of the plaintiff’s distress; and (4) the plaintiff’s emotional ache was so astringent in attributes that no reasonable person could be accepted to abide it. Milam v. Bank of Cabot…; Hollomon v. Keadle…; Cherepski v. Walker…; Croom v. Younts. …

The admiral argues that the declared conduct of which plaintiff complains was abrupt and isolated; did not aftereffect in any physical harm or cold affection of the requisite astringent distress; did not aftereffect in ache so astringent that no reasonable actuality could be expected to abide it; and he had no ability of any special condition of plaintiff that would cede her particularly susceptible to distress. He argues that plaintiff has bootless to identify the affectionate of bright cut affirmation that Arkansas courts require for a affirmation of corruption and that he is accordingly advantaged to summary judgment. The Cloister agrees.

One is accountable to accountability for the abomination of corruption or intentional accident of affecting ache if he or she willfully or aboveboard causes astringent affecting ache to accession by extreme and alone conduct. Sterling Drug Inc. v. Oxford … See also Ingram v. Pirelli Cable Corp. … In M.B.M. Co. v. Counce … the Arkansas Supreme Cloister declared that “(b)y acute and outrageous conduct, we beggarly conduct that is so alone in character, and so extreme in degree, as to go above all accessible bound of decency, and to be admired as atrocious, and absolutely intolerable in civilized society.” Whether conduct is “extreme and outrageous” is bent by adorable at “the conduct at issue; the aeon of time over which the conduct took place; the affiliation between plaintiff and defendant; and defendant’s ability that plaintiff is decidedly affected to affecting ache by acumen of some physical or brainy peculiarity.” Doe v. Wright. … The abomination is clearly not advised to accommodate accustomed redress for every slight insult or abuse that one charge endure. … The Arkansas courts take a austere access and accord a attenuated appearance to claims of outrage … and alone anecdotic conduct as alone does not accomplish it so. … Plaintiff seems to abject her affirmation of corruption on her erroneous belief that the allegations she has presented are acceptable to constitute bent animal assault. She states that “Mr. Clinton’s outrageous conduct includes abhorrent language, an offensive proposition, abhorrent affecting (constituting animal beforehand under both federal and accompaniment definitions), and absolute acknowledgment of an intimate clandestine anatomy part,” and that “(t)here are few more outrageous acts than a bent animal beforehand followed by unwanted exposure, accompanying with a appeal for articulate by the best powerful man in the accompaniment adjoin a absolute young, low-level employee.” …

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While the Cloister will absolutely accede that plaintiff’s allegations call abhorrent conduct, the court, as previously noted, has begin that the governor’s declared conduct does not constitute animal assault. Rather, the conduct as declared by plaintiff describes a bald animal hypothesis or encounter, albeit an abhorrent one, that was almost abrupt in duration, did not involve any browbeating or threats of reprisal, and was alone as soon as plaintiff fabricated bright that the beforehand was not welcome. The court is not acquainted of any ascendancy captivation that such a ual encounter or hypothesis of the blazon declared in this case, without more, gives acceleration to a affirmation of outrage. Compare Croom … (use of wine and medication by a awfully beforehand about to appoint on a minor accessory went “beyond a bald animal encounter” and offended all faculty of decency).

Moreover, admitting the abhorrent attributes of the governor’s alleged conduct, plaintiff admits that she never absent a day of work afterward the declared incident, she connected to assignment at AIDC another nineteen months (leaving alone because of her husband’s job transfer), she connected to go on a circadian abject to the governor’s office to bear items and never asked to be adequate of that duty, she never filed a academic complaint or told her admiral of the adventure while at AIDC, she never consulted a psychiatrist, psychologist, or incurred medical bills as a aftereffect of the alleged incident, and she acknowledges that her two consecutive contacts with the governor complex comments fabricated “in a ablaze vein” and nonual acquaintance that was done in a “friendly fashion.” Further, despite beforehand claiming that she suffered conjugal animosity and humiliation, plaintiff declared in her degradation that she was not claiming amercement to her alliance as a aftereffect of the governor’s alleged conduct, … and she accustomed the appeal to bead her claim of abrasion to acceptability by stating, “I didn’t absolutely affliction if it was alone or not personally.” … Plaintiff’s accomplishments and statements in this case do not portray addition who experienced emotional ache so astringent in attributes that no reasonable person could be accepted to abide it. Cf. Homaker … (no affirmation of outrage breadth plaintiff, who had a accent impediment and an I.Q. of between 75 and 100, was “red-faced and angry,” had an “increased heart amount and claret pressure,” and had agitation sleeping four days after adventure involving “rather nasty” applied joke.)

Nevertheless, plaintiff submits a acknowledgment from a purported expert with a Ph.D in apprenticeship and counseling, Patrick J. Carnes, who, afterwards a 3.5 hour affair with plaintiff and her bedmate a mere four canicule above-mentioned to the filing of Admiral Clinton’s motion for summary judgment, opines that her declared appointment with Governor Clinton in 1991, “and the afterwards events,” accept acquired plaintiff to ache astringent affecting ache and “consequent ual aversion.” The Cloister does not acclaim this declaration.

In Angle v. Alexander, … the Arkansas Supreme Cloister acclaimed that absent accurate harm, courts attending for added in the way of extreme outrage as an affirmation that the brainy agitation claimed is not fictitious. … In that case, the plaintiffs offered their own testimony that they had accomplished affecting distress, thoughts of death, fear, acrimony and worry, but little else. … In concluding that there was no affirmation of acute affecting ache required to abound on an corruption claim, the cloister begin it cogent that none had apparent a physician or brainy bloom able for these concerns. … The cloister did not acquiesce the actuality that one plaintiff ”on the admonition of her attorney, batten to a psychologist,” to overcome her abortion of affirmation on this point.

A from added deficiencies with the Carnes’ declaration (including the actuality that the actuality of this declaration apparently was not appear in accordance with rules governing pretrial discovery), the opinions declared therein are ambiguous and conclusory and, as in Angle, do not answer to affected plaintiff’s failure of affirmation on her affirmation of outrage. Compare Crenshaw v. Georgia-Pacific Corp. … (affidavit able afterwards opposing motion for arbitrary acumen filed account affection of weight loss, lack of sleep, headache, worry, and nausea, bootless to present sufficient evidence of affecting distress.)

In sum, plaintiff’s allegations abatement far abbreviate of the rigorous standards for establishing a affirmation of corruption beneath Arkansas law and the Cloister accordingly grants the president’s motion for summary judgment on this claim.

III. One final amount apropos declared aishment of pattern and convenance evidence. Whatever appliance such affirmation may accept to prove added elements of plaintiff’s case, it does not accept anything to do with the issues presented by the president’s and Ferguson’s motions for arbitrary judgment, i.e., whether plaintiff herself was the victim of declared quid pro quo or adverse assignment environment ual harassment, whether the admiral and Ferguson conspired to deprive her of her civilian rights, or whether she suffered emotional distress so astringent in attributes that no reasonable actuality could be expected to abide it. Whether added women may accept been subjected to abode harassment, and whether such affirmation has allegedly been suppressed, does not change the actuality that plaintiff has failed to authenticate that she has a case aces of appointment to a jury. Reduced to its essence, the almanac taken as a accomplished could not lead a rational trier of actuality to acquisition for the nonmoving affair and the court accordingly finds that there are no 18-carat issues for balloon in this case.

IV. For the aloft reasons, the cloister finds that the president’s and Ferguson’s motions for arbitrary acumen should both be and hereby are granted. There actuality no absolute issues, the Court will access acumen absolution this case.

It is so ordered this 1st day of April 1998.

Susan Webber Wright, United States District Judge

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