Ramirez

MEMORANDUM *

Plaintiff Jimmy Ramirez contends that the College of the Desert’s refusal to promote him to the position of Custodial Supervisor constituted intentional discrimination based on his Hispanic national origin/ethnieity in violation of 42 U.S.C. §§ 1981 and 1983. Defendants are employees and officials of the College and the Desert Community College District who created, implemented, or ratified the job description for Custodial Supervisor. 1 The district court granted judgment in favor of the defendants on both claims. We affirm in part, reverse in part, and remand this case for trial as to a single defendant.

I

The pivotal question is whether Ramirez has presented sufficient evidence against any defendant to create a triable issue of fact about whether the change in the job description might be the result of intentional discrimination.

The district court dismissed Ramirez’s § 1981 claim on the pleadings because it found that, as a statutory employee, he could not show the contractual relationship with the College necessary to maintain a § 1981 action. The court granted summary judgment in favor of the defendants on the § 1983 claim because it found that Ramirez was…