Edwards

Edwards v. USS-POSCO Industries

Good Law
168 F. App'x 755
United States Court of Appeals for the Ninth CircuitFebruary 21, 2006Nos. 04-16481, 04-16774California310 words

Opinion

Lead Opinion

MEMORANDUM ***

Ezell Edwards appeals pro se from the district court’s summary judgment in his action under 42 U.S.C. § 1981 and California law, alleging racial discrimination and retaliation when USS-POSCO Industries and supervisor Lynnette Giacobazzi terminated Edwards’ employment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994), and we affirm.

The district court properly granted summary judgment on Edwards’ race discrimination claim because Edwards failed to raise a triable issue that similarly-situated, non-minority employees were treated differently, and therefore failed to show a prima facie case. See id. at 889 . Further, even if he had done so and thereby shifted the burden, USS-POSCO articulated a legitimate nondiscriminatory reason for terminating Edwards, by submitting evidence that he made a series of threats against employees and supervisors. See id.

The district court properly granted summary judgment on Edwards’ retaliation claim because Edwards failed to raise a triable issue regarding a causal link between his racial discrimination complaints and his termination. See Brooks v. City of…

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