Jerry Menchu v. Legacy Health

MEMORANDUM

Jerry A. Menchu appeals pro se from the district court’s summary judgment in his action alleging federal and state law racial discrimination claims arising out of defendants’ decision to ban him from their premises. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment on Menchu’s racial discrimination claims because Menchu failed to raise a genuine dispute of material fact as to whether defendants’ decision to ban him from their premises was based on Menchu’s race. See 42 U.S.C. § 2000a (Title II of the 1964 Civil Rights Act (“the Act”) prohibits discrimination in places of public accommodation “on the ground of race, color, religion, or national origin”); § 2000d (Title VI of the Act prohibits discrimination in connection with any federally-funded program or activity based on “race, color, religion, sex, or national origin”); Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1123 (9th Cir. 2008) (“§ 1981 creates a cause of action only for those discriminated against on account of their race or…