U.S. Court of Appeals for the Ninth Circuit, 2011

Dyretha Hambright v. John Potter

Dyretha Hambright v. John Potter
U.S. Court of Appeals for the Ninth Circuit · Decided May 18, 2011 · Fletcher, Thomas, Rosenthal
433 F. App'x 593

Dyretha Hambright v. John Potter

Opinion

MEMORANDUM **

Plaintiff Dyretha (Dicy) Hambright (“Hambright”) appeals from the district court’s entry of summary judgment in favor of her employer, the United States Postal Service (“USPS”). We affirm. Because the parties are familiar with the factual and procedural history of the case, we need not recount it here.

The district court properly entered summary judgment in favor of the USPS on Hambright’s claims of retaliation and race discrimination under Title VII. Even if we assume, arguendo, that Hambright made a prima facie case of retaliation, she has not offered “specific” and “substantial” circumstantial evidence raising a triable issue of fact as to whether the Postal Service’s legitimate reason for its actions is a pretext for a retaliatory motive. See Nilsson v. City of Mesa, 508 F.3d 947, 954-55 (9th Cir. 2007). Hambright failed to make a prima facie case of race discrimination because her proposed comparators are not “similarly situated” employees. See Moran v. Selig, 447 F.3d 748, 755 (9th Cir. 2006).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.