699 Fed.Appx. 639 (9th Cir. 2017), 14-16670, Banks v. McCarthy

Docket Nº:14-16670, 14-16868
Citation:699 Fed.Appx. 639
Party Name:Kelvin BANKS; David Bevett, ' Flying with Eagles' ; Marceau Doze-Guillory; Tamanee Mundy; Chiny Wang, Plaintiffs-Appellants, v. Ryan D. MCCARTHY, Acting Secretary, Department of the Army, Defendant-Appellee.
Attorney:Anthony P.X. Bothwell, Anthony P. X. Bothwell, Attorney at Law, San Francisco, CA, for Plaintiffs-Appellants Thomas A. Helper, Assistant U.S. Attorney, DOJ— Office of the U.S. Attorney, Honolulu, HI, for Defendant-Appellee
Judge Panel:Before: RAWLINSON and N.R. SMITH, Circuit Judges, and WATTERS, District Judge.
Case Date:October 18, 2017
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 639

699 Fed.Appx. 639 (9th Cir. 2017)

Kelvin BANKS; David Bevett, " Flying with Eagles" ; Marceau Doze-Guillory; Tamanee Mundy; Chiny Wang, Plaintiffs-Appellants,

v.

Ryan D. MCCARTHY, Acting Secretary, Department of the Army, Defendant-Appellee.

Nos. 14-16670, 14-16868

United States Court of Appeals, Ninth Circuit

October 18, 2017

Submitted August 14, 2017 [*] San Francisco, California

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Appeal from the United States District Court for the District of Hawaii, Leslie E. Kobayashi, District Judge, Presiding, D.C. No. 1:11-cv-00798-LEK-KSC

Anthony P.X. Bothwell, Anthony P. X. Bothwell, Attorney at Law, San Francisco, CA, for Plaintiffs-Appellants

Thomas A. Helper, Assistant U.S. Attorney, DOJ— Office of the U.S. Attorney, Honolulu, HI, for Defendant-Appellee

Before: RAWLINSON and N.R. SMITH, Circuit Judges, and WATTERS,[**] District Judge.

MEMORANDUM[***]

Appellants Kelvin Banks (Banks), David " Flying With Eagles" Bevett (Bevett), Marceau Doze-Guillory (Doze), Tamanee Mundy (Mundy), and Chiny Wang (Wang) (Appellants)— current or former employees of the Tripler Army Medical Center (Tripler) in Honolulu, Hawaii— challenge the district court’s decisions granting summary judgment in favor of the Secretary of the Department of the Army (Secretary) in their actions alleging discrimination, retaliation, and hostile work environment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16 (Title VII).

On appeal, Appellants contend that (1) the International Convention on the Elimination of All Forms of Racial Discrimination, entered into force January 4, 1969, 660 U.N.T.S. 195 (Treaty), preempted Title VII; (2) there were triable issues of fact as to whether Appellants endured discrimination, retaliation, and/or a hostile work environment at Tripler; and (3) the district

Page 640

court erred in severing Wanda Thomas’s claims. We review summary judgment rulings de novo . See

First Resort, Inc. v. Herrera, 860 F.3d 1263, 1271 (9th Cir. 2017)...

To continue reading

FREE SIGN UP