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Rucker v. Potter

Citation: 31 F. App'x 420Docket: No. 01-16052; D.C. No. CV-99-03082-CW

Court: Court of Appeals for the Ninth Circuit; February 20, 2002; Federal Appellate Court

Narrative Opinion Summary

Harold J. Rucker's appeal of the district court's dismissal of his Title VII claim is affirmed. Rucker, representing himself, alleged race, color, and gender discrimination, as well as retaliation. The Ninth Circuit reviews dismissals for failure to state a claim de novo. The court found that Rucker's amended complaint did not establish a prima facie case for discrimination based on race or gender, nor did it substantiate a claim for retaliation under 42 U.S.C. § 2000e-3. The court also deemed Rucker's additional arguments unmeritorious. The decision is not suitable for publication and cannot be cited in future cases, per Ninth Circuit Rule 36-3.

Legal Issues Addressed

Non-Publication of Decisions

Application: The decision in this case is not suitable for publication and cannot be cited in future cases, as per Ninth Circuit Rule 36-3, which governs the publication of opinions.

Reasoning: The decision is not suitable for publication and cannot be cited in future cases, per Ninth Circuit Rule 36-3.

Prima Facie Case for Discrimination

Application: In this case, the court determined that the plaintiff's amended complaint did not establish the necessary elements to make a prima facie case for race or gender discrimination.

Reasoning: The court found that Rucker's amended complaint did not establish a prima facie case for discrimination based on race or gender.

Retaliation Claims Under 42 U.S.C. § 2000e-3

Application: The court found that the plaintiff failed to substantiate a claim for retaliation, as required under 42 U.S.C. § 2000e-3, which protects employees from retaliation by their employers for asserting their rights under Title VII.

Reasoning: Nor did it substantiate a claim for retaliation under 42 U.S.C. § 2000e-3.

Review of Dismissals for Failure to State a Claim

Application: The Ninth Circuit reviews district court dismissals for failure to state a claim de novo, assessing whether the plaintiff’s allegations, if true, would entitle them to relief.

Reasoning: The Ninth Circuit reviews dismissals for failure to state a claim de novo.