Thomas Fronapfel v. Farrokh Hormazdi

MEMORANDUM

Thomas Fronapfel was terminated from his position as Field Services Administrator for the State of Nevada Department of Motor Vehicles (“DMV”). He filed an action for money damages under 42 U.S.C. § 1983 against Edgar Roberts, the DMV Director, and Farrokh Hormazdi, the Deputy Director, alleging gender discrimination and First Amendment retaliation claims. The district court granted the Defendants’ motion for summary judgment. Fronapfel timely appealed and argues that the district court erred by holding that (1) he failed to adduce evidence sufficient to create a triable issue as to whether the Defendants’ proffered reasons for his termination were pretextual, and (2) the speech in question was part of his job duties. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s decision de novo, see Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1219-20 (9th Cir.1998), and affirm.

To survive summary judgment on his equal protection claim, Fronapfel must adduce evidence that the several legitimate, non-discriminatory reasons Defendants proffered to justify his termination were pretextual. See Keyser v. Sacramento City Unified Sch. Dist., 265 F.3d 741,…