Richards

Richards v. City of Seattle

Good Law
342 F. App'x 289
United States Court of Appeals for the Ninth CircuitJuly 24, 2009No. 08-35621California422 words

Opinion

Lead Opinion

*290 MEMORANDUM *

Ed Richards appeals the district court’s order granting summary judgment in favor of the City of Seattle and Jorge Car-rasco. We affirm.

The district court properly found that Richards failed to establish a prima facie case of disparate treatment based on sexual orientation. The evidence that Carrasco acted with unlawful motive is “no more than speculation or unfounded accusation,” which is insufficient to preclude summary judgment, and in any event is not evidence of causation for the suspension years later. See Carmen v. S.F. Unified Sch. Dist., 237 F.3d 1026 , 1028-29 (9th Cir.2001). The anecdotal evidence about other disciplinary actions does not show Richards was treated “less favorably.” Those disciplined employees were not shown to be “similarly situated” because they did not commit commensurately serious violations. See Davis v. W. One Auto. Group, 140 Wash.App. 449 , 166 P.3d 807, 812 (2007).

Richards has also failed to make out a prima facie case of retaliation. Richards has not offered admissible evidence that there is the requisite “causal link” between his five-day suspension and the filing of his case or his serving as a witness for Wanda Davis.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.