Edward JUDIE, Plaintiff-Appellant, v. Darrell HAMILTON, M.D.; Donald Bodenhamer; Marvin Hart; Brenda Woodward, Defendants-Appellees

Judie, a black male, is employed at Western State Hospital, a Washington State institution. He brought this action under 42 U.S.C. §§ 1981 ,1983,1985(3), and Title VII, 42 U.S.C. § 2000e-2, claiming to be the victim of racial discrimination and of an improper suspension at his place of employment. Judie alleged that because of his race he has not been permitted to perform all of the supervisory duties contained in his job description. He further alleged that his supervisor and fellow employees conspired to give false testimony at a disciplinary hearing which resulted in Judie agreeing to a two-day suspension from work. The district court granted summary judgment against Judie on all claims. Ju-die filed this timely appeal. The district court had jurisdiction under 28 U.S.C. §§ 1331 and 1343. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

We review a summary judgment independently. Darting v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986). Viewing the evidence in the light most favorable to the nonmoving party, we must determine whether there are any genuine issues of material fact and whether the district court correctly applied the substantive law. Ashton v. Cory, 780 F.2d…