Jaryl Ellis v. Robert Houston

joined by COLLOTON, Circuit Judge.

Substantially for the reasons stated in Judge Murphy’s opinion, I concur in the decision to reverse the grant of summary judgment dismissing plaintiffs’ hostile work environment claims against Sgt. Miles and plaintiff Jaryl Ellis’s retaliation claims against Lt. Stoner and Lt. Haney, and otherwise to affirm the decision of the district court. I write separately to emphasize the relevance of important differences between employer liability under Title VII and individual liability under 42 U.S.C. §§ 1981 and 1983.

1. Incidents of racial harassment aimed at a…