Hernandez

MEMORANDUM **

Plaintiff-Appellant Rolando Hernandez, a former mechanic at the City of Vancouver’s fire and emergency vehicle repair shop (“Fire Shop”), appeals the district court’s order granting summary judgment in favor of Defendants-Appellees City of Vancouver and Mark Tanninen, Hernandez’s former supervisor. Hernandez, a native and citizen of Mexico, asserted claims of disparate treatment, retaliation, and hostile work environment under 42 U.S.C. §§ 1981 and 1983. Hernandez also alleged that Tanninen conspired with city officials to bury proof of his employment discrimination claims in violation of 42 U.S.C. § 1985 (3). On Defendants’ motion, the district court granted summary judgment on all claims, citing Hernandez’s purported lack of evidence. The district court erred; there are disputed issues of fact on Hernandez’s claims. We reverse.

A district court’s decision on a motion for summary judgment is reviewed de novo. See Universal Health Servs. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir. 2004). We likewise review de novo a district court’s determination that it lacks subject matter jurisdiction due to failure to exhaust administrative remedies. Leong v. Potter, 347 F.3d…