Stafford Cross v. City of Ontario, a Public Entity Ontario Police Department and Lowell Stark

97 F.3d 1458 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Stafford CROSS, Plaintiff-Appellant, v. CITY OF ONTARIO, a public entity; Ontario Police Department; and Lowell Stark, Defendants-Appellees. No. 95-55437. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1996. Decided Sept. 16, 1996. 1 Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, Senior District Judge. * 2 MEMORANDUM ** 3 Plaintiff Stafford Cross brings this employment discrimination action against defendants City of Ontario ("City"), Ontario Police Department ("Department") and Lowell Stark, Chief of the Department. Cross, a police officer, alleges that defendants denied him a promotion to corporal because he is black. The district court granted summary judgment to all defendants on all claims. On appeal, Cross pursues the following claims: (1) race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.;…