Green

Green v. Seattle Art Museum

Good Law
321 F. App'x 587
United States Court of Appeals for the Ninth CircuitApril 2, 2009No. 08-35470California419 words

Opinion

Lead Opinion

MEMORANDUM **

Riccardo Green appeals pro se from the district court’s summary judgment for Seattle Art Museum (“the Museum”), his former employer, in his action alleging race discrimination in employment and wrongful discharge. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo. Manatt v. Bank of America, NA, 339 F.3d 792, 796 (9th Cir.2003). We review for abuse of discretion sanctions imposed pursuant to Fed. R.Civ.P. 37. Patelco Credit Union v. Sahni, 262 F.3d 897, 912-13 (9th Cir.2001). We affirm.

The district court properly granted summary judgment on Green’s Ti *589 tie VII disparate treatment claim, because even assuming that Green established a prima facie case, he failed to raise a triable issue as to whether the Museum’s legitimate and nondiscriminatory reasons for firing Green were pretext for discrimination. See Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 664 (9th Cir.2002) (applying the burden-shifting scheme set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), and affirming summary judgment for employer because plaintiff had not “presented the substantial and specific…

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