Gerhard Witte v. Wisconsin Department of Corrections

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that a party forfeits any argument it fails to raise in a brief opposing summary judgment
• “Working conditions for constructive discharge must be even more egregious than those that would support a finding of a hostile work environment; absent extraordinary circum- stances, an employee is expected to remain employed while seeking redress.”
• noting due process constructive discharge claim uses same general approach as a Title VII hostile work environment claim but that alleged working conditions “must be even more egregious than those that would support a finding of a [Title VII] hostile work environment”
• noting due process constructive discharge claim uses the same general approach as a Title VII hostile work environment claim but that alleged working conditions “must be even more egregious than those that would support a finding of a [Title VII] hostile work environment”
• “By failing to raise [an argument] in his brief opposing summary judgment, he lost the opportunity to urge it in both the district court and this court.” (emphasis added)
• failure to raise an argument in summary judgment opposition creates a lost “opportunity to urge it in both the district court and [appeals] court”

Source: CourtListener parenthetical corpus (CC0).