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CLOCKEDILE v. NEW HAMPSHIRE DEPT. OF CORRECTIONS

Nos. 00-1541, 00-1578.

245 F.3d 1 (2001)

Nancy CLOCKEDILE, Plaintiff, Appellant/Cross-Appellee, v. NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided March 20, 2001.

Attorney(s) appearing for the Case

Michael J. Sheehan for plaintiff.

John F. Suhre with whom C. Gregory Stewart, General Counsel, Philip B. Sklover, Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, were on brief for the Equal Employment Opportunity Commission, Amicus Curiae.

Nancy J. Smith, Senior Assistant Attorney General, Civil Bureau, with whom Philip T. McLaughlin, Attorney General, was on brief for defendant.

Before SELYA, BOUDIN and STAHL, Circuit Judges

BOUDIN, Circuit Judge.

In this case, Nancy Clockedile won a jury verdict against the New Hampshire Department of Corrections ("the Department") for retaliating against her after she filed a sexual harassment charge. The trial court, constrained by our holding in Johnson v. General Electric, 840 F.2d 132, 139 (1st Cir.1988), set aside the award because Clockedile had not alleged the pertinent retaliation in her administrative...

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