Williams v. Nevada

MEMORANDUM *

Anthony Williams appeals the district court’s grant of summary judgment in favor of the defendants the State of Nevada Department of Prisons and the Nevada Corrections Association on his race discrimination and retaliation claims. We affirm the district court’s grant of summary judgment on all claims.

The trial court correctly dismissed Williams’ claims under § 1981. The § 1981 claim against the State of Nevada pursuant to 42 U.S.C. § 1981 was barred by the State’s Eleventh Amendment immunity. See 42 U.S.C. § 1981 ; Peters v. Lieuallen, 693 F.2d 966, 970 (9th Cir.1982); Mitchell v. Los Angeles Community College Dist., 861 F.2d 198 , 201 (9th Cir.1988). The § 1981 claim against the Association was fatally defective because no facts were alleged to establish liability on the part of the Association under that statute.

The district court correctly decided the exhaustion questions as well. Prior to filing a Title VII suit in a federal court, Williams was required to file a complaint with the EEOC. Stache v. Int’l Union of Bricklayers & Allied Craftsmen, 852 F.2d 1231 , 1233 (9th Cir.1988). Williams failed to name the Nevada Corrections Association at all in his EEOC…