Abad-Santos

MEMORANDUM *

Benjamin Abad-Santos (“Abad-Santos”) appeals the district court’s summary judgment in favor of Clark County, Nevada alleging that the County: (1) discriminated against him by failing to promote him to a Plans Examiner Specialist position, (2) subjected him to a hostile work environment based upon race and national origin, and (3) retaliated against him for filing a grievance and complaint over the denial of a promotion. He also asserts, pursuant to 42 U.S.C. § 1983 , that the County violated his right to be free from illegal employment practices and his right to equal protection. Finally, Abad Santos contends that he suffered intentional infliction of emotional distress. For the following reasons we affirm the district court’s summary judgment.

Abad-Santos has not produced any evidence to demonstrate that the proffered reasons for Clark County’s failure to promote were pretext for discrimination. Yee v. Dep’t of Envtl. Servs., 826 F.2d 877, 881 (9th Cir.1987). Kevin McCosker’s statement to Abad-Santos that he was “not the type of person that we are looking for” when rejecting him for a prior promotional opportunity falls into the category of remarks made in an…