80 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,147 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,112 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,521 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,312 times 104 Legal Analyses
Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,401 times 95 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Faragher v. Boca Raton
524 U.S. 775 (1998) Cited 9,317 times 100 Legal Analyses
Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 19,994 times 9 Legal Analyses
Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"
Burlington Indus., Inc. v. Ellerth
524 U.S. 742 (1998) Cited 7,129 times 92 Legal Analyses
Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"
Clark Cty. Sch. Dist. v. Breeden
532 U.S. 268 (2001) Cited 5,398 times 12 Legal Analyses
Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"
Oncale v. Sundowner Offshore Servs., Inc.
523 U.S. 75 (1998) Cited 5,171 times 50 Legal Analyses
Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,074 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 28,451 times 171 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 2000e-3 - Other unlawful employment practices
42 U.S.C. § 2000e-3 Cited 14,498 times 43 Legal Analyses
Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"
Section 820.2 - Immunity
Cal. Gov. Code § 820.2 Cited 927 times
Establishing immunity for discretionary acts
Section 3304 - Punitive action or denial of promotion; removal of chief of police; time limitation on completion of investigation
Cal. Gov. Code § 3304 Cited 256 times
Requiring an administrative appeal before a police officer may suffer a "punitive" action

Schmidt et al v. Shasta County Marshal's Office et al

80 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] 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"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

Establishing immunity for discretionary acts

Requiring an administrative appeal before a police officer may suffer a "punitive" action