Facts

Plaintiff John Keith worked for defendant California Department of Corrections and Rehabilitation as a Chief Nurse Executive at the Pleasant Valley State Prison. Defendants Charles Young and Donald McElroy worked as Chief Executive Officiers and reviewed Keith's performance. When Young was promoted to Regional Chief Executive Tony Clark was appointed to replace him. The hiring authority, Chris Podratz, never disclosed the reason for Keith's ineligibility for the position. Keith brought suit against CDCR, Young, McElroy, Podratz, and Clark for racial discrimination, retaliation, failure to prevent discrimination, constructive wrongful termination and hostile work environment.

PLAINTIFF CONTENTIONS: Plaintiff contended several incidents or series of events constituted racial discrimination against him and Young sent emails to several employees making negative comments about him. Plaintiff alleged he was the highest tenured executive of the institution yet Clark was appointed to the position of CEO.

DEFENDANTS CONTENTIONS: Defendants denied the allegations and moved for summary judgment.

Result

The court found plaintiff failed to provide any evidence he was subject to racial harassment or discrimination, and granted defendants' motion.