Blake v. City of Laredo

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 31, 1995
• Docket: 95-40060
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

No. 95-40060 Summary Calendar _______________

JACK C. BLAKE, III, et al.,

Plaintiffs,

STEPHEN BLAKE, as Next Friend to Jack C. Blake, III,

Plaintiff-Appellant,

VERSUS

CITY OF LAREDO and CITY OF LAREDO WASTEWATER COLLECTION,

Defendants-Appellees.

_________________________

Appeal from the United States District Court for the Southern District of Texas (L-94-CV-155) _________________________

(June 9, 1995)

Before SMITH, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

The judgment is AFFIRMED, essentially for the reasons set

forth in the district court's Memorandum and Order entered on

December 27, 1994. The plaintiff sues for sexual harassment un-

* Local Rule 47.5.1 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well- settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that rule, the court has determined that this opinion should not be published. der title VII. As the district court noted, however, this court

in Garcia v. Elf Atochem N. Am., 28 F.3d 446, 451-52 (5th Cir.

1994), has held that male-on-male harassment is not actionable

under title VII even if it is sexual in nature.