Brown

Brown v. City of Phoenix

Good Law
81 F. App'x 931
United States Court of Appeals for the Ninth CircuitNovember 20, 2003No. 03-15505California301 words

Opinion

Lead Opinion

MEMORANDUM **

Michael W. Brown and his wife Wanda Brown appeal pro se the district court’s judgment remanding their state-law claims and granting summary judgment on Mr. Brown’s claims under Title VII and 42 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo, Gregory v. Widnall, 153 F.3d 1071, 1074 (9th Cir.1998) (per curiam), and we affirm.

The district court properly granted summary judgment on Mr. Brown’s Title VII hostile workplace claim because he failed to establish a genuine issue of material fact as to whether the alleged conduct was sufficiently severe and pervasive to alter the terms and conditions of his employment. See id. at 1074-75 . To the degree that Mr. Brown makes a hostile workplace claim under 42 U.S.C. § 1981 , the claim fails for the same reason. See Manatt v. Bank of Am., 339 F.3d 792, 797-98 (9th Cir.2003).

The district court properly granted summary judgment on Mr. Brown’s section 1983 claim against the City of Phoenix because he failed to establish a genuine issue of material fact as to whether the city had a policy of violating the constitutional rights of Brown and other city employees. See Weiner…

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