Opinion

Brown v. City of Phoenix

  • 81 F. App'x 931
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 20, 2003
Status
Published
Cited by
0 cases
Authority
More cited than 9.9%

The opinion

MEMORANDUM **

Michael W. Brown and his wife Wanda Brown appeal pro se the district court’s judgment remanding their state-law claims and granting summary judgment on Mr. Brown’s claims under Title VII and 42 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo, Gregory v. Widnall, 153 F.3d 1071, 1074 (9th Cir.1998) (per curiam), and we affirm.

The district court properly granted summary judgment on Mr. Brown’s Title VII hostile workplace claim because he failed to establish a genuine issue of material fact as to whether the alleged conduct was sufficiently severe and pervasive to alter the terms and conditions of his employment. See id. at 1074-75 . To the degree that Mr. Brown makes a hostile workplace claim under 42 U.S.C. § 1981 , the claim fails for the same reason. See Manatt v. Bank of Am., 339 F.3d 792, 797-98 (9th Cir.2003).

The district court properly granted summary judgment on Mr. Brown’s section 1983 claim against the City of Phoenix because he failed to establish a genuine issue of material fact as to whether the city had a policy of violating the constitutional rights of Brown and other city employees. See Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). Mr. Brown’s effort to state a section 1983 claim against Mr. Singh, his supervisor, fails because he does not adequately specify or substantiate any underlying violation of Mr. Brown’s rights under the Constitution or federal law. See Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251 , 1257 (9th Cir.1997).

The Browns’ remaining contentions also lack merit.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.