Glenn Millsaps v. Pinal County Superior Court, D

MEMORANDUM

Plaintiff-appellant Glenn S. Millsaps appeals the district court’s order granting defendants-appellees’ motions for summary judgment in his Title VII and 42 U.S.C. § 1981 race discrimination action against the Pinal County Superior Court, Department of Adult Probation (“Superior Court”); Pinal County (“the County”); and the Pinal County Sheriffs Office. Millsaps’s claims stem from his March 20, 2006, termination as a probation officer with the Adult Probation Department in Pinal County, Arizona, and the August 2007 rejection of his subsequent application for the position of Detention Captain with Pinal County. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We employ the burden-shifting scheme set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), to determine whether Millsaps’s discrimination claim against the Superior Court can survive summary judgment. Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 658 (9th Cir.2002). Millsaps must first establish a pri-ma facie case of racial discrimination; if he is successful, the burden of production shifts to the employer to articulate a legitimate,…