Antoine Johnson v. Willapa Harbor Hopsital Distri

MEMORANDUM

Antoine D. Johnson, an African-American medical doctor, appeals pro se # 2 (“Hospital”) in his federal action alleging race discrimination in employment and violations of the Due Process Clause arising out of the Hospital’s decision to end Johnson’s courtesy staff privileges. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2003), and may affirm on any ground supported by the record, Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir.2009). We affirm.

Summary judgment was proper on the disparate treatment claim because, even assuming that Johnson established a prima facie ease, he failed to raise a triable issue that the Hospital’s legitimate, nondiscriminatory reason for its decision was pretext for racial discrimination. See Vas quez, 349 F.3d at 642 (affirming summary judgement for employer on Title VII claim of disparate treatment because “even assuming that [plaintiff) could establish his prima facie case, his claim would fail because he could not show that [defendant’s] reason was a pretext for discriminatory intent.”).

Summary judgment was proper on the Due Process Clause…