Fifth Circuit: Newbury v. City of Windcrest

 

Plaintiff's clam that rudeness was gender-based is unsubstantiated by the record.  Two confrontations and a hostile encounter do not suffice for a constructive discharge claim under the statute.  A record reflecting resignation from the position precludes a sufficient showing for retaliatory discharge or gender discrimination.  While a work assignment might have sufficed for retaliation, sufficient causation wasn't established. 

Insufficient proof for Monell claim against municipality arising from police bodycam appearing to remotely activate when inside the plaintiff's house, given technical evidence and lack of showing that there's a general policy to surreptitiously record off-duty officers.


Newbury v. City of Windcrest