Mark Johnson v. City & County of San Francisco

MEMORANDUM

Mark Johnson, Franco S. Calzolai, and Michael R. Bryant (collectively, “Plaintiffs”) appeal the district court’s order granting summary judgment in favor of the City and County of San Francisco, Civil Service Commission of San Francisco, San Francisco Fire Department, and San Francisco Fire Commission (collectively, “Defendants”).

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm in part and reverse and remand in part.

1. Plaintiffs did not offer any argument or evidence to challenge the district court’s order granting summary judgment in favor of Defendants with respect to their claims for: (a) violation of 42 U.S.C. § 1983 (Counts 2, 6, and 10); (b) unlawful retaliation based on 42 U.S.C. §§ 1981 , 1983; Title VII of the Civil . Rights Act of 1964 (“Title VII”); and the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12940, et seq. (Counts 9 through 12); and (c) failure to prevent discrimination in violation of § 1981, § 1983, Title VII, and FEHA (Counts 5 through 8). Accordingly, Plaintiffs have waived these issues, and the only remaining causes of action at issue are the race discrimination claims in violation of § 1981, Title…