122178P.pdf   02/03/2014  Jaryl Ellis  v.  Robert Houston
   U.S. Court of Appeals Case No:  12-2178
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Murphy, Author, with Loken and Colloton, Circuit Judges] 
   Civil case - Employment Discrimination. In an action brought by five 
   African American officers in the Nebraska State Penitentiary against five 
   supervisors for race based harassment and retaliation, the district court 
   erred in granting defendant Miles' motion for summary judgment on 
   plaintiffs' claim of harassment as the evidence reveals acts, comments and 
   inaction by defendant Miles sufficient to make out a prima facie case of 
   harassment; the district court did not err in granting the remaining 
   defendants summary judgment on the harassment claims as there is 
   insufficient evidence of harassment against those four defendants; with 
   respect to plaintiffs' retaliation claims, the district court erred in 
   granting summary judgment on plaintiff Ellis's claims against defendants 
   Stoner and Haney as the retaliatory acts those two defendants took against 
   Ellis were materially adverse employment actions sufficient to support a 
   prima facie case of retaliation; the retaliation claims of the other 
   plaintiffs were insufficiently supported to survive summary judgment, and 
   the district court did not err in granting defendants summary judgment on 
   those claims; based on the record evidence, Miles, Stoner and Haney were 
   not entitled to qualified immunity on the claims the court has determined 
   should proceed. Judge Loken, concurring in the judgment, joined by Judge 
   Colloton.