Jennifer Diepenhorst v. City of Battle Creek

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0362n.06
Filed: June 23, 2008
No. 07-1603
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JENNIFER DIEPENHORST,
Plaintiff-Appellant,
v.
CITY OF BATTLE CREEK, et al.
Defendants-Appellees.
)
)
)
)
)
)
)
)
)
)
)
)
ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MICHIGAN
Before: NORRIS, BATCHELDER, and GIBBONS, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. Plaintiff-appellant Jennifer Diepenhorst, a
former employee of the Battle Creek Police Department, sued defendants-appellees City of Battle
Creek and Sergeant Bruce Penning, an officer in the Department, asserting federal and state
employment discrimination claims. The district court granted defendants’ motion for summary
judgment. On appeal, Diepenhorst argues that her Title VII claim is not time barred because she
timely filed a charge with the Equal Employment Opportunity Commission within the required 300-
day period. She also contends that factual issues exist with respect to her Elliot-Larsen Civil Rights
Act claims for sexual harassment and hostile work environment.
Having reviewed the parties’ briefs and the applicable law and having had the benefit of oral
argument, we conclude that a panel opinion further addressing the issues raised would serve no

-- 1 of 2 --

jurisprudential purpose. Therefore, on the grounds identified by the district court, we affirm the
district court’s judgment in favor of the City of Battle Creek and Sergeant Bruce Penning.

-- 2 of 2 --