Jones v. R.J. Donovan Correctional Facility
Kim C. Jones appeals a summary judgment granted to her employer, the California Department of Correction and Rehabilitation (CDCR), and individual supervisors, Sergeants James Bolin and Gary Kuske, crew officer Michael McMinn, and Robert Hernandez, the warden at the R.J. Donovan Correctional Facility (collectively Respondents).[1] Jones contends the trial court erred in finding she did not present evidence of triable issues of material fact showing: (1) the Respondents' conduct constituted adverse employment actions; (2) a nexus existed between her gender and race and the adverse actions; (3) she was subjected to a severe and pervasive hostile work environment based upon her gender; Jones also contends (4) as a matter of law, her causes of action for assault and battery, emotional distress, and negligent supervision were not barred by the exclusive remedies of the workers' compensation statutes.
Court conclude Respondents met their burden on summary judgment and Jones failed to establish the existence of triable issues of material fact which could lead a reasonable trier of fact to find that she experienced harassment, discrimination and retaliation within the meaning of California's Fair Employment and Housing Act (FEHA) (Gov. Code, 12900 et seq.) We conclude the causes of action for assault and battery and emotional distress are barred by the workers' compensation exclusivity rule. The negligent supervision cause of action also fails because it was based on Jones's claims of discrimination and assault and battery. Court affirm.
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