Hixson
Hixson v. Alameda County Sheriff's Department
Opinion
Lead Opinion
MEMORANDUM *
Appellant Luis Hixson appeals the district court’s summary judgment in favor of defendants on his discrimination, retaliation and due process claims.
Appellant failed to raise a material issue of fact regarding disparate treatment. See Chuang v. Univ. of Cal. Davis, 225 F.3d 1115, 1122-23 (9th Cir.2000). Specifically, there was no evidence presented that similarly situated individuals outside of his protected class were treated better than he. Appellant similarly failed to raise a material issue of fact regarding hostile work environment. See Sischo-Nownejad v. Merced Community College Dist., 934 F.2d 1104 , 1109 (9th Cir.1991). He failed to present evidence of severe or pervasive verbal or physical harassment because of his race or other protected status. Since Appellant never complained of discrimination based on his race, color, sex, religion, or national origin, there is no evidence that he engaged in an activity protected under Title VII. Consequently, his retaliation claim also fails. See Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997).
The district court’s grant of summary judgment on Appellant’s substantive due process claim was based upon…