DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
143446P.pdf 02/18/2016 Arlena Kelly v. City of Omaha
U.S. Court of Appeals Case No: 14-3446
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Gruender, Author, with Wollman and Beam, Circuit Judges]
Civil case - Civil rights. Plaintiff's sexual harassment allegations
against defendant Petersen, a city employee,failed to state a claim for
municipal liability under Section 1983 because she did not plead facts
showing that his harassment represented part of a municipal policy or
custom supporting such behavior; the claims against defendant Denker and
unnamed Doe defendants contained no facts showing they violated her
constitutional rights, and the court would not reach the question of
whether Denker, as chief code inspector was a policymaking official; no
error in dismissing plaintiff's Section 1985 claim as she failed to show
that any harassment or subsequent retaliation arose from an agreement
between Petersen and Denker or other city officials; even if the court
were to infer that Denker and the unidentified officials did reach an
agreement, the intracorporate conspiracy doctrine precluded the claim, as
the city could not conspire with itself through its agents acting within
the scope of their employment.