042766P.pdf   08/08/2005  Brigitte Wright  v.  Tony E. Sims
   U.S. Court of Appeals Case No:  04-2766
   District of North Dakota   
   [PUBLISHED] [Melloy, Author, with Bye and Heaney, Circuit Judges] 
   Civil case - employment discrimination. Plaintiff's complaints 
   concerning sexual harassment were sufficient to make a case that the 
   Sheriff's actions violated her rights under the Equal Protection Claus; 
   further, a reasonable officer would have known it was illegal to subject 
   plaintiff to such harassment in the workplace, and the district court did 
   not err in denying the Sheriff's motion for summary judgment based on 
   qualified immunity on plaintiff's hostile work environment claim; 
   however, the Sherif was entitled to qualified immunity on claim he 
   caused plaintiff to be constructively discharged as plaintiff had failed to 
   show that her work conditions would be intolerable to a reasonable 
   person, especially in light of plaintiff's admission that there were either 
   no incidents of harassing behavior or only very minor incidents in the 
   months before she quit. Judge Bye, concurring.