Tate
Tate v. University Medical Center
Opinion
Lead Opinion
MEMORANDUM *
Dr. James Tate appeals from the district court’s grant of summary judgment in favor of defendants on his race discrimination claim under 42 U.S.C. §§ 1981 , 1983. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
The district court correctly found that Tate did not make an adequate showing that defendants’ proffered, legitimate, nondiscriminatory reasons were pretextual. See Tarin v. County of Los Angeles, 123 F.3d 1259, 1264 (9th Cir.1997) (apply *552 ing the burden-shifting framework for Title VII claims to a § 1981 claim); Stones v. Los Angeles Cmty. Coll. Dist., 796 F.2d 270, 275 (9th Cir.1986) (same for § 1983); see also Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1221-22 (9th Cir.1998) (describing the different ways of showing pretext in discrimination cases, and the quantum of proof necessary for each). As reasons for hiring another candidate instead of Tate, defendants stated that the other candidate: (1) had a superior research background and consequently greater future research potential; and (2) had superior leadership experience at Level I trauma centers. Tate has presented no evidence to show that either of these reasons is pretextual.