Baker

Baker v. England

Good Law
224 F. App'x 620
United States Court of Appeals for the Ninth CircuitMarch 8, 2007No. 05-55414California361 words

Opinion

Lead Opinion

MEMORANDUM **

James H. Baker appeals the summary judgment in favor of the Secretary of the Navy. We affirm.

A causal connection is a necessary part of a prima facie case of retaliation. Hardage v. CBS Broadcasting Inc., 427 F.3d 1177, 1188 (9th Cir.2005) amended on denial ofreh’g 433 F.3d 672 , 436 F.3d 1050 . “To establish causation [Baker] must show by a preponderance of the evidence that engaging in the protected activity was one of the reasons for [his] firing and that but for such activity [he] would not have been fired.” Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1065 (9th Cir.2002) (internal quotation marks omitted). The investigation into Baker’s dealings with George Schott was begun before Baker filed his EEO complaint, and Baker adduced no evidence in opposition to summary judgment that there was any connection between the complaint and the outcome of the investigation or the decision to terminate him on account of misuse of government property, official time, and his position. Nor do Baker’s complaints about Applewhite’s attitude show that Applewhite fired Baker because he filed an EEO complaint rather than out of a general dislike for civilian employees and…

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