Brigitte Wright v. Tony E. Sims

I concur with the majority as to the facts as alleged by Ms. Wright, if proven true,' could support a claim for sexual harassment, but not a claim for constructive discharge. I write separately in regards to section III.D.2 of the opinion, which discusses the clearly established prong of the qualified immunity inquiry. The majority declares “[t]he right to be free of gender discrimination is clearly established.” This hasty resolution of the clearly established prong ignores the Supreme Court’s pronouncements in Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987)…