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Bray v. Ventura County Bar Ass'n
Citation: 55 F. App'x 459Docket: No. 02-55634; D.C. No. CV-01-07646-CAS
Court: Court of Appeals for the Ninth Circuit; January 21, 2003; Federal Appellate Court
Laurack D. Bray, an African American attorney, appeals the district court's dismissal of his defamation and false light claims, as well as the summary judgment in favor of the Ventura County Bar Association (VCBA) regarding his remaining claims. The court has jurisdiction under 28 U.S.C. § 1291 and reviews the case de novo. The district court dismissed Bray's defamation and false light claims under Fed. R. Civ. P. 12(b)(6), concluding that truth is a complete defense, and Bray acknowledged that the VCBA's statement was truthful in his complaint. Additionally, it noted that an invasion of privacy claim cannot stand if it is based on the same allegations as a defamation claim that has failed. Summary judgment was granted on Bray's 42 U.S.C. § 1981 claim due to a lack of evidence showing that his rights to contract were different from those of non-members of the California bar. He also did not provide evidence that being labeled as a non-member was misleading or unlawful. Furthermore, Bray failed to present sufficient evidence for a violation of the Unruh Act, as there was no indication of racial bias. The court found Bray's remaining arguments unpersuasive and affirmed the lower court's decisions. The ruling is not suitable for publication and cannot be cited in future cases except as permitted by Ninth Circuit Rule 36-3.