Jimmie's Limousine Service, Inc. v. City of Oakland

MEMORANDUM *

Jimmie’s Limousine Service, Inc. ap *848 peals the district court’s grant of summary judgment in favor of the City of Oakland, the Oakland Police Department, Jerry Brown, and Edward Poulson. We affirm.

A plaintiff asserting a claim under 42 U.S.C. § 1981 “must show intentional discrimination on account of race.” Evans v. McKay, 869 F.2d 1341, 1344 (9th Cir. 1989). Defendants met their initial burden on summary judgment by arguing that Jimmie’s lacked evidence to show any discrimination based on race. Fairbank v. Wundeman Cato Johnson, 212 F.3d 528, 532 (9th Cir.2000). Jimmie’s failed to identify evidence sufficient to support a verdict that Defendants intended to discriminate against Jimmie’s on account of race and therefore failed to meet its burden to “produce enough evidence to create a genuine issue of material fact” on its § 1981 claims. See Nissan Fire & Marine Ins. Co. v. Fritz Cos., 210 F.3d 1099 , 1103 (9th Cir.2000). We conclude that summary judgment on those claims was warranted.

With respect to Jimmie’s claims under 42 U.S.C. § 1983 , Defendants met them initial burden on summary judgment by contending that Jimmie’s lacked sufficient evidence supporting…