Zaid A. Aziz v. Larry's Markets, Inc.

78 F.3d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Zaid A. AZIZ, Plaintiff-Appellant v. LARRY'S MARKETS, INC., Defendant-Appellee. No. 95-35038. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1996. Decided March 5, 1996. 1 Before: HALL and LEAVY, * Circuit Judges, and RAFEEDIE, District Judge. ** 2 MEMORANDUM *** 3 Zaid Aziz brought this action under 42 U.S.C. §§ 1982 and 2000a-2, alleging that a security guard at Larry's Market deprived Aziz of his civil rights by calling the police when he saw Aziz use three bank cards in an ATM. We agree with the district court that Aziz has failed to raise a triable issue of fact. As stated in Patterson v. McLean Credit Union, 491 U.S. 164, 186 (1989), the plaintiff has the initial burden of proving, by a preponderance of evidence, a prima facie case of discrimination. To defeat a summary judgment motion, a plaintiff must do more than establish a prima facie case and deny the credibility…