Holiwell

Holiwell v. Greyhound Lines, Inc.

Good Law
99 F. App'x 148
United States Court of Appeals for the Ninth CircuitJune 4, 2004No. 03-15874California312 words

Opinion

Lead Opinion

MEMORANDUM ***

Larry W. Holiwell (“Holiwell”) appeals the grant of summary judgment to Greyhound Lines, Inc. (“Greyhound”) on Holiwell’s Title VII claim of racial discrimination. A district court’s grant of summary judgment is reviewed de novo. Padfield v. AIG Life Ins. Co., 290 F.3d 1121, 1124 (9th Cir.2002). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Greyhound terminated Holiwell’s employment following a highway collision for which he was responsible. Holiwell sued Greyhound for violation of Title VII of the Civil Rights Act of 1964 as amended. Greyhound sought summary judgment, claiming that Holiwell failed to make a prima facie case of discrimination under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Greyhound argued in the alternative that even if Holiwell did make a *149 prima facie case, he failed to raise a genuine issue of material fact as to whether Greyhound’s proffered reason for its employment decision was pretextual. Id. at 804 . The district court found that Holiwell failed to establish a prima facie case of discrimination and granted summary judgment to Greyhound. It did not address…

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