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PERCY v. ALLEN

449 A.2d 337 (1982)

Lynn A. PERCY v. Donald L. ALLEN in His Capacity as Commissioner of Corrections of the State of Maine Department of Corrections; Charles Sharpe in His Capacity as Associate Commissioner of Corrections for the State of Maine Department of Corrections; and Paul Vestal in His Capacity as Warden of the Maine State Prison.

Supreme Judicial Court of Maine.

Decided August 13, 1982.

Attorney(s) appearing for the Case

Anthony, Asen, Howison, Hayden & Landis, Peter J. Landis (orally), for plaintiff.

Goranites & Libby, Gary W. Libby, John E. Carnes, Portland, for amicus curiae, Maine Human Rights Commission.

Charles E. Guerrier, Barbara Kay Besser, Donald J. McTigue, Cleveland, Ohio, for amicus curiae, Women's Law Fund Inc.

Gail Ogilvie (orally), Thomas W. Saturley, Asst. Attys. Gen., Augusta, for defendant.

Before McKUSICK, C. J., and NICHOLS, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.

CARTER, Justice.

The plaintiff appeals from a judgment of the Superior Court, Knox County, ruling that the rejection in 1977 of her application for employment as a guard at the Maine State Prison on the basis of her sex was lawful and that she is therefore not entitled to back pay and other benefits lost because she was not then hired. Finding errors of law in the proceedings below, we vacate the judgment and remand this action to the Superior Court.

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