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Frazier v. Career Systems Development Corp.
Citation: 120 F. App'x 711Docket: No. 03-56834; D.C. No. CV-01-00904-IEG/AJB
Court: Court of Appeals for the Ninth Circuit; January 17, 2005; Federal Appellate Court
Rudolph Frazier appeals the district court's summary judgment favoring his employer, Career Systems, in a case alleging racial discrimination under Title VII of the Civil Rights Act of 1964. The appellate court has jurisdiction under 28 U.S.C. 1291 and reviews the summary judgment de novo. The court affirms the lower court's decision, stating that Career Systems provided substantial evidence indicating that Frazier was not promoted due to other candidates having superior qualifications. Frazier did not present sufficient evidence to demonstrate that the reasons for his non-promotion were pretextual, thereby failing to create a genuine issue of material fact regarding his discrimination claims. The court also finds that Frazier did not properly assert a claim under 42 U.S.C. 1983, as Career Systems is a private employer, referencing relevant case law. Frazier's remaining arguments were deemed meritless. The decision is affirmed and noted as not appropriate for publication, limiting its citation in the courts of the Ninth Circuit.