Robichaud

Robichaud v. County of Clark

Good Law
310 F. App'x 153
United States Court of Appeals for the Ninth CircuitJanuary 23, 2009No. 07-16793California344 words

Opinion

Lead Opinion

MEMORANDUM ***

Eugene Robichaud appeals the district court’s summary judgment in favor of Clark County for claimed violations of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and 42 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo, Davis v. Team Elec. Co., 520 F.3d 1080, 1088 (9th Cir.2008), and we affirm.

The district court properly granted summary judgment on Robichaud’s Title VII and ADEA claims because Robichaud has not raised a genuine issue of material fact that the County’s proffered reasons for its employment decision were a pretext for discrimination. See Diaz v. Eagle Produce Ltd. P’ship, 521 F.3d 1201, 1212 (9th Cir.2008); Cornwell v. Electra Cent. Credit Union, 439 F.3d 1018, 1028 (9th Cir.2006). This failure to establish intentional discrimination under Title VII and the ADEA necessarily eviscerates his § 1983 claims based on the same conduct. See Sischo-Nownejad v. Merced Cmty. Coll. Dist., 934 F.2d 1104 , 1112 (9th Cir.1991).

Robichaud also appeals the district court’s grant of summary judgment for the County on his state law claim of…

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