Legal Opinion

Fernando C. HARVEY, Plaintiff-Appellee, v. Thorne BLAKE, Defendant-Appellant

Court of Appeals for the Fifth Circuit

Decided October 1, 1990No. 89-2215PublishedCited by 175 opinions

1Opinion of the Court

GEE, Circuit Judge:

Today’s case presents the question whether a city-employed supervisor ac cused of sexual harassment may utilize the defense of qualified immunity against a demand for backpay under Title VII. Because under Title VII a public official may be liable in her official capacity only, the doctrine of qualified immunity, which protects the official from personal liability, is inapplicable.

Facts

The appellee, Fernando Harvey, was hired by the City of Houston to serve as an Inspector I in its Public Service Department. The appellant, Thorne Blake, was Mr. Harvey’s supervisor.

In March…

2Cases cited12 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Dr. N. Jay ROGERS Et Al., Petitioners-Appellees, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Respondent-AppellantCourt of Appeals for the Fifth Circuit · 1972
  3. Robert B. Brown v. Texas a & M UniversityCourt of Appeals for the Fifth Circuit · 1986
  4. Hamilton v. RodgersCourt of Appeals for the Fifth Circuit · 1986
  5. Barbara S. Clanton v. Orleans Parish School BoardCourt of Appeals for the Fifth Circuit · 1981

7 more not listed; retrieve them via the Exa API.

3Cited by175 opinions

  1. Busby v. City of OrlandoCourt of Appeals for the Eleventh Circuit · 1991
  2. Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don SchupakCourt of Appeals for the Ninth Circuit · 1993
  3. Birkbeck v. Marvel Lighting Corp.Court of Appeals for the Fourth Circuit · 1994
  4. Grant v. Lone Star Co.Court of Appeals for the Fifth Circuit · 1994
  5. Reno v. BairdCalifornia Supreme Court · 1998

170 more not listed; retrieve them via the Exa API.

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