Sophia Wilson v. Maricopa Cmty. College Dist.

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 31 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SOPHIA RACHELLE WILSON, No. 16-15870
Plaintiff-Appellant, D.C. No. 2:14-cv-02550-NVW
v.
MEMORANDUM*
MARICOPA COMMUNITY COLLEGE
DISTRICT,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted October 23, 2017**
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
Sophia Rachelle Wilson appeals pro se from the district court’s summary
judgment in her 42 U.S.C. § 1981 action alleging discrimination and retaliation.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Surrell v. Cal.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Water Serv. Co., 518 F.3d 1097, 1103 (9th Cir. 2008). We affirm.
The district court properly granted summary judgment on Wilson’s sex
discrimination claim because § 1981 does not provide a claim for sex
discrimination. See Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116,
1123 (9th Cir. 2008) (Ҥ 1981 creates a cause of action only for those
discriminated against on account of their race or ethnicity.”). Wilson stipulated to
the dismissal of her sex discrimination claim under Title VII.
The district court properly granted summary judgment on Wilson’s § 1981
racial discrimination claim because Wilson failed to raise a genuine dispute of
material fact as to whether her constitutional rights were violated as a result of an
official policy, practice, or custom of the Maricopa Community College District.
See Fed’n of African Am. Contractors v. City of Oakland, 96 F.3d 1204, 1215-16
(9th Cir. 1996) (policy and custom requirement set forth in Monell v. Dep’t of Soc.
Servs., 436 U.S. 658, 690-91 (1978) applies to § 1981 claims).
The district court properly granted summary judgment on Wilson’s § 1981
retaliation claim because Wilson failed to raise a genuine dispute of material fact
as to whether there was a causal connection between her protected activity and
suspension from the college. See Manatt v. Bank of Am., N.A., 339 F.3d 792, 800
2 16-15870
(9th Cir. 2003) (elements of a § 1981 retaliation claim); see also Univ. of Texas
Sw. Med. Ctr. v. Nassar, 133 S.Ct. 2517, 2533 (2013) (“[R]etaliation claims must
be proved according to traditional principles of but-for causation.”).
We reject as without merit Wilson’s contention that the district court erred in
denying her request to submit new evidence.
AFFIRMED.
3 16-15870