Leeny

Leeny v. Clark County

Good Law
21 F. App'x 667
United States Court of Appeals for the Ninth CircuitOctober 24, 2001Nos. 00-15291, 00-16548; D.C. No. CV-97-01458-LDGCalifornia923 words

Opinion

Lead Opinion

MEMORANDUM *

Sandy Leeny appeals the district court’s order granting summary judgment and awarding Clark County attorneys’ fees pursuant to 42 U.S.C. § 2000e-5(k). We affirm the grant of summary judgment, but reverse the order granting attorney’s fees. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The district court did not err in granting summary judgment on Leeny’s disparate treatment and retaliation claims. Both claims are analyzed under the Supreme Court’s familiar three-step burden-shifting approach. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Under this approach, Leeny must first establish a prima facie case of discrimination. Id. If she succeeds, the burden then shifts to Clark County to articulate a legitimate, non-discriminatory reason for the challenged actions. Id. Then, in order to prevail, Leeny must show that the reason advanced by Clark County is a pretext for a discriminatory motive. Id.

Assuming, arguendo, that Leeny has established a prima facie case of disparate treatment and retaliation, we agree with the district court, for the…

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