Lagronio

Lagronio v. Gates

Good Law
317 F. App'x 613
United States Court of Appeals for the Ninth CircuitAugust 29, 2008No. 07-15562California373 words

Opinion

Lead Opinion

MEMORANDUM **

Darin Lagronio challenges the district court’s dismissal of his Title VII retaliation action against the Army and Air Force Exchange Service (AAFES). We affirm.

Lagronio claims that AAFES issued him a 14-day suspension order in retaliation for Lagronio’s filing a complaint with the Equal Employment Opportunity Commission (EEOC). 1 Because Lagronio failed to show a causal link between filing the EEOC complaint and the 14-day suspension order, he failed to raise a triable issue of material fact that AAFES’s actions were retaliatory in violation of Title VII. See Noyes v. Kelly Servs., 488 F.3d 1163, 1168 (9th Cir.2007). Lagronio’s theory that Neddo issued the suspension order in retaliation for Lagronio’s EEOC complaint is not supported by the record, because there is no evidence that Neddo was responsible for issuing the suspension order. Nor does Lagronio argue that Neddo’s retaliatory animus can be imputed to the actual decisionmaker. See Poland v. Chertoff, 494 F.3d 1174, 1182-83 (9th Cir.2007). Moreover, no inference of causation arises due to the proximity of the EEOC filing and the issuance of the sus *615 pension order because more than a year passed between…

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