McKinney v. Boyd Gaming Corp.

MEMORANDUM **

Robert L. McKinney appeals pro se from the district court’s grant of summary judgment to the corporate defendants as to his Title VII claims of racial discrimination in employment. McKinney also appeals the district court’s dismissal of his Title VII claims against the individual defendants as well as his 42 U.S.C. §§ 1981-83 claims of racial discrimination against both the corporate and the individual defendants.

I

The district court granted summary judgment to the corporate defendants, Boyd Gaming Corporation and Stardust Hotel and Casino, as to the Title VII claims. Summary judgment is appropriate when “there is no genuine issue as to any material fact,” and “the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). McKinney’s Title VII claims against the corporate defendants rest on the allegation that the defendants’ failure to promote him to a supervisory position was based on racial discrimination in violation of Title VII. Since McKinney concedes he never applied for the job which he was denied, he cannot establish a prima facie case of discrimination under Title VII. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93…