Federal Circuits, 9th Cir. (October 14, 1992)
Docket number: 91-16041
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U.S. Supreme Court - Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)
U.S. Supreme Court - Celotex Corp. v. Catrett, 477 U.S. 317 (1986)
U.S. Court of Appeals for the 9th Cir. - Alice Coverdell, Acting on Her Own Behalf and as the Natural Guardian of Her Daughter, Christina Robyn Coverdell, Plaintiffs-Appellants, v. the Department of Social and Health Services, State of Washington; Barbara Mclaughlin; Laura Langston; and Albert J. Golden, Defendants-Appellees., 834 F.2d 758 (9th Cir. 1987) Acting on Her Own Behalf and as the Natural Guardian of Her Daughter, Christina Robyn Coverdell, Plaintiffs-Appellants, v. the Department of Social and Health Services, State of Washington; Barbara Mclaughlin; Laura Langston; and Albert J. Golden, Defendants-Appellees.
Before FERGUSON, O'SCANNLAIN and RYMER, Circuit Judges.
MEMORANDUM**Enrique Reyes, Jr. appeals from the summary judgment in favor of the city of Dinuba and several of its officials. Reyes's complaint alleges that city officials acted with racial animus in failing to grant occupancy and encroachment permits for homes he constructed in violation of 42 U.S.C. 1981, 1983, 1985, and 1986. We agree with the district court that Reyes failed to raise a genuine issue of material fact that the officials were motivated by racially discriminatory intent, and affirm.Reyes argues that he is the only person to be denied a homeowners' exemption for an encroachment permit in the past ten years. The uncontradicted evidence shows, however, that the city does not keep records of unsuccessful applications. Reyes also claims that the officials' reasons for denying his permits were inconsistent and false. The district court correctly found that, in the absence of any specific permit applications, these claims are unsupported by substantial evidence.Reyes's reliance on what Pablo Contreras says is likewise insufficient. No evidence qualifies the statement as an admission binding on the city of Dinuba or its officials.Similarly, the fact that other homes were granted encroachment permits despite the lack of curbs and gutters is meaningless in the absence of evidence indicating whether the persons constructing those homes were also contractors or were otherwise entitled to the homeowners' exemption to the insurance requirements. Nor do inspections by city inspectors Magyar and Mann give rise to a reasonable inference of racial discrimination. Reyes fails to isolate race as the "actual or decisive reason behind the alleged discrimination." The Dartmouth Review v. Dartmouth College, 889 F.2d 13, 17 (1st Cir.1989); cf. Gutierrez v. Municipal Court of the Southeast Judicial Dist., 838 F.2d 1031, 1047 (9th Cir.1988) (discussing intentional discrimination and/or "race-based animus" required for claims under 42 U.S.C. 1981, 1983, and 1985(3)), vacated on other grounds,Try vLex for FREE for 3 days
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