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HARVEY v. BLAKE

No. 89-2215.

913 F.2d 226 (1990)

Fernando C. HARVEY, Plaintiff-Appellee, v. Thorne BLAKE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 1, 1990.

Attorney(s) appearing for the Case

Robert J. Collins, Mark Thompson, Sr. Asst. City Atty., John Fisher, Houston, Tex., for defendant-appellant.

Theadore R. Andrews, Andrews & Matthews, Houston, Tex., for plaintiff-appellee.

Before GEE, GARWOOD, and HIGGINBOTHAM, Circuit Judges:

GEE, Circuit Judge:

Today's case presents the question whether a city-employed supervisor accused of sexual harassment may utilize the defense of qualified immunity against a demand for backpay under Title VII. Because under Title VII a public official may be liable in her official capacity only, the doctrine of qualified immunity, which protects the official from personal liability, is inapplicable.

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