Jaryl Ellis v. Robert Houston

MURPHY, Circuit Judge.

Five African American officers who worked in the maximum security Nebraska State Penitentiary brought this action under 42 U.S.C. §§ 1981 and 1983 against five supervisors for race based harassment and retaliation. They seek both injunctive relief and monetary damages. The district court granted summary judgment to the defendants after examining the evidence “as if there were but a single plaintiff and a single defendant.” The black officers1 appeal, arguing that the district court dismissed valid claims for racial harassment and retaliation.2 After studying the record,…