Legal Opinion
Dwayne Simonton v. Marvin T. Runyon, Jr., Postmaster General, United States Postal Service U.S. Postal Service, United States Postal Service
Court of Appeals for the Second Circuit
Decided October 23, 2000No. Docket 99-6180PublishedCited by 85 opinions
1Opinion of the Court
JOHN M. WALKER, JR., Circuit Judge:
Plaintiff-appellant Dwayne Simonton sued the Postmaster General and the United States Postal Service (together “defendants”) under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., for abuse and harassment he suffered by reason of his sexual orientation. The United States District Court for the Eastern District of New York (Leonard D. Wexler, District Judge) dismissed Simonton’s complaint pursuant to Fed. R.Civ.P. 12(b)(6) for failure to state a claim, reasoning that Title VII does not prohibit discrimination based on sexual…
2Cases cited12 opinions
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- Yvette Cruz v. Coach Stores, Inc., David Otani, William Betts, Diane Lewis, Sara Lee Corporation, and Herve HeriveauxCourt of Appeals for the Second Circuit · 2000
- Higgins v. New Balance Athletic Shoe, Inc.Court of Appeals for the First Circuit · 1999
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3Cited by85 opinions
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- Mathirampuzha v. PotterCourt of Appeals for the Second Circuit · 2008
- Naumovski v. NorrisCourt of Appeals for the Second Circuit · 2019
- Dawn Dawson v. Bumble & BumbleCourt of Appeals for the Second Circuit · 2005
- Village of Freeport v. BarrellaCourt of Appeals for the Second Circuit · 2016
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