Place

Place v. City of Eugene

Good Law
332 F. App'x 402
United States Court of Appeals for the Ninth CircuitJune 8, 2009No. 08-35219California398 words

Opinion

Lead Opinion

MEMORANDUM **

Kevin Place appeals from the district court’s grant of summary judgment to the City of Eugene and the individual officers. The facts are known to the parties and need not be repeated here, except as necessary to explain our decision.

Place has failed to adduce evidence sufficient to establish a genuine issue of material fact as to his claims of disparate impact and retaliation under 42 U.S.C. § 1981 , Title VII, and Oregon Revised Statutes section 659A.030. He does not demonstrate that “similarly situated employees not in [his] protected class received more favorable treatment,” see Moran v. Selig, 447 F.3d 748, 753 (9th Cir.2006), nor does he establish a “causal link” between any protected activity on his part and the employment actions in question, see Manatt v. Bank of Am., 339 F.3d 792, 800 (9th Cir.2003) (internal quotation marks and citation omitted).

For similar reasons, Place’s equal protection claim under 42 U.S.C. § 1983 fails. Furthermore, absent a showing of a “legitimate claim of entitlement” in uninterrupted employment with the City, he cannot prevail on his due process claim. Bd. of *403 Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33…

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