Harris

MEMORANDUM DECISION RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT/SUMMARY ADJUDICATION

I. INTRODUCTION

Before the court is Defendant City of Fresno’s motion for summary judgment or, in the alternative, partial summary judgmenVsummary adjudication pursuant to Rule 56 of the Federal Rules of Civil Procedure. The following background facts are taken from the parties’ submissions in connection with the motion and other documents on file in this case.

II. BACKGROUND

Plaintiff Robert Harris is an African-American male who is employed by the City of Fresno (“City”) in its Water Division. He was initially hired by the City as an Engineering Technician I. On approximately April 1, 1992, he was promoted to his current position as Engineering Technician II. Plaintiff is still employed by the City in its Water Division and he has not sought employment outside of the Water Division or the City since 2002. During his entire tenure with the City, Plaintiff has received nothing but positive performance reviews. (Doc. 39-3 at 2; Doc. 38-6 at 6.)

In his lawsuit against the City, Plaintiff contends that, during his employment with the City, he has…