Frank Carderella v. Janet Napolitano

MEMORANDUM

Plaintiff-Appellant Frank Joseph Carderella (“Carderella”) appeals the grant of summary judgment entered by the United States District Court for the Central District of California in favor of DefendantAppellee Janet Napolitano (“Napolitano”), the Secretary of the Department of Homeland Security. Carderella, a white, Catholic male of Italian ancestry, alleges that the former Immigration and Naturalization Service (“INS”) discriminated against him on the basis of his race or national origin in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16 et seq. (“Title VII”), when it did not select him in 1996 to fill a vacant Detention Enforcement Officer position (“DEO”). The district court held that Carderella failed to establish a prima facie case of employment discrimination and declined to draw an adverse inference from the spoliation of the records. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err in finding that Carderella failed to establish a prima facie case of employment discrimination. Texas Dept. of Cmty. Affairs v. Burdine, 450 U.S. 248, 252-53 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981). Carderella…