Steve L. Thomas v. California State Department of Corrections

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steve L. THOMAS, Plaintiff-Appellant, v. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, Defendant-Appellee. No. 91-15870. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 23, 1992. Decided Aug. 18, 1992. Before CANBY, REINHARDT and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Appellant Steve L. Thomas ("Thomas"), a black male, applied for a position as a word processing technician with appellee California State Department of Corrections ("the Department"). After the Department selected a white male for the position, Thomas filed a pro se action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, alleging discrimination on the basis of race and sex. 1 The Department alleges that it rejected Thomas because the applicant selected was better qualified. 3 Following discovery, the Department moved for summary judgment under Fed.R.Civ.P. 56(b), alleging that Thomas failed to…