Graves v. District of Columbia, 850 F. Supp. 2d 6

Graves, mixed-race, worked for the District of Columbia Fire and Emergency Services Department from 1985 to 2006.
He assertedly experienced a racially hostile work environment throughout his twenty-year tenure.
Graves identified 81 incidents constituting the alleged hostile environment, ranging from violence to discriminatory comments and punitive actions.
Defendant moved for summary judgment on timeliness and scope; the court denied the motion in 2011, clarifying Graves would pursue two coextensive claims (Title VII and § 1981).
Pretrial motions in limine were filed to narrow trial issues; the District sought exclusion of 44 acts, Graves contested some.
The court held that 28 conceded acts must be excluded, and 16 acts require an offer of proof, with a joint pretrial filing due January 10, 2012.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the District may preclude the conceded acts	Graves concedes 28 acts; not challenging exclusion.	These acts are probative and must be excluded.	Granted as conceded for 28 acts.
Whether any remaining acts can be admitted without an offer of proof	Some remaining acts may be probative with linking to discrimination.	Without proof of discriminatory animus, they should be excluded.	Offer of proof required for 16 acts; held in abeyance pending proof.
Threshold sufficiency of the record to rule in limine on remaining acts	Record is sparse but may show link to hostile environment.	Record is too skeletal to determine admissibility at this stage.	Court deferred final ruling; required offers of proof for remaining acts.

Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993) (hostile environment framework and totality of circumstances)
Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986) (standard for hostile work environment claims)
National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (timing of acts in hostile environment liability; Morgan rule)