Ross Massbaum v. Wnc Management

Good Law
361 F. App'x 904
United States Court of Appeals for the Ninth CircuitJanuary 11, 201008-55406California367 words

Opinion

Opinion

MEMORANDUM

Ross Massbaum appeals pro se from the district court’s summary judgment for defendants in his action alleging housing discrimination on the basis of race and disability. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Gam ble v. City of Escondido, 104 F.3d 300, 304 (9th Cir.1997), and we affirm.

The district court properly granted summary judgment on the Fair Housing Act claim because Massbaum failed to raise a triable issue as to whether the defendants acted with any discriminatory intent during the events at issue, or whether their practices disproportionately impacted any particular racial group. See McDonald v. Coldwell Banker, 543 F.3d 498 , 505 n. 7 (9th Cir.2008) (explaining that a disparate treatment claim under the Fair Housing Act requires some showing of discriminatory intent, while a disparate impact claim requires, inter aha, showing “a significantly ... disproportionate impact on persons of a particular type produced by the defendant’s facially neutral acts or practices”).

For the same reasons, summary judgment was proper on the claims brought under 42 U.S.C. § 1981 and Title VI. See Save Our Valley v. Sound Transit, 335 F.3d 932, 944…

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