Dickson Adetuyi v. City and County of San Francisco
Published: Feb. 21, 2015 | Result Date: Aug. 7, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-04273-MEJ Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Richard M. Rogers
(Law Office of Richard M. Rogers)
Defendant
Dennis J. Herrera
(San Francisco Public Utilities Commission)
Jonathan C. Rolnick
(Office of the San Francisco City Attorney)
Rafal Ofierski
(Office of the San Francisco City Attorney)
Elizabeth S. Salveson
(Office of the San Francisco City Attorney)
Facts
Dickson Adetuyi sued the City and County of San Francisco, concerning his employment with the city.
In a prior suit filed in 2007, plaintiff sued defendant and his former supervisor, alleging harassment, retaliation and failure to prevent harassment and retaliation due to his race. The jury decided in plaintiff's favor. However, the superior court subsequently overturned the jury's decision. The appellate court then upheld the judgment in defendant's favor and awarded the city costs.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff started working for defendant in 2005. Plaintiff alleged that he was one of 12 that ranked number one on the eligibility list for a supervisory position. However, despite his ranking, defendant allegedly denied him a promotion because of his race. In 2013, he sued defendant for race discrimination under Title II, retaliation under Title VII, race discrimination under the Fair Employment and Housing Act, retaliation under FEHA, and failure to prevent in violation of the California Government Code. Plaintiff argued he was denied a promotion because of his prior lawsuit.
DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff's claims failed because he could not show a connection between his prior lawsuit and the purported adverse action. Defendant also argued that it had legitimate, nondiscriminatory reasons for selecting another employee for the disputed position, and moved for summary judgment.
Result
The district court granted the city's summary judgment motion and entered judgment in its favor.
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