United States Ninth Circuit

A black inmate claiming he was not allowed to return to his prison job until after similarly situated inmates of other races is not required to prove discriminatory intent if race was the only factor used in excluding blacks from work lists.

Appellate Information

• Argued 07/08/2003
• Decided 06/07/2004
• Published 06/07/2004

Judges

• KOZINSKI, Circuit Judge:, Before:  KOZINSKI, FERNANDEZ and RYMER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• K. Jamel Walker, plaintiff-appellant in propria persona, Calipatria, CA;  and Brett J. Williamson, Amy J. Laurendeau, and Christine E. Cwiertny, pro bono attorneys, O'Melveny & Myers LLP, Newport Beach, CA;  for the plaintiff-appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, David P. Druliner, Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Allen Crown, Acting Senior Assistant Attorney General, Darrell Lepkowsky, Supervising Deputy Attorney General, and Robert F. Helfand, Deputy Attorney General, Los Angeles, CA, for the defendants-appellees.