Carl Knight v. Kathy Brown

MEMORANDUM

Carl Knight appeals the district court’s order granting summary judgment in favor of the Defendants on his claims of disparate treatment, hostile work environment, retaliation, and unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), 42 U.S.C. §§ 1981 and 1983, and the Washington Law Against Discrimination. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

First, Knight failed to establish a prima facie case of disparate treatment because he could not show that a similarly situated non-African American sergeant was treated more favorably. Gene Willard and Knight were not similarly situated “in all material respects.” See Moran v. Selig, 447 F.3d 748, 755 (9th Cir.2006). Willard was the most senior security sergeant, and his seniority allowed him first pick of assignments and shifts. Because Knight could not make out a prima facie case of disparate treatment, the district court properly entered summary judgment. See id. at 756-57 .

Second, Knight asserts that Defendants created a hostile work environment. He points to one racially offensive comment made by Willard when Knight was promoted to…