Lewis Camden Peters v. Ray Lieuallen, Chancellor of the State Bd. of Higher Educ. & the State Bd. of Higher Educ., State of Oregon, 746 F.2d 1390 (9th Cir. 1984). · Go Syfert
Lewis Camden Peters v. Ray Lieuallen, Chancellor of the State Bd. of Higher Educ. & the State Bd. of Higher Educ., State of Oregon, 746 F.2d 1390 (9th Cir. 1984). Cases Citing This Book View Copy Cite
“since 1 yazzie does not contend she should have been afforded the opportunity to resign in lieu of termination. 2 has failed to demonstrate intentional discrimination on the part of the defendants, his must also fail.”
29 citation events (11 in the last 25 years) across 7 distinct courts.
Strongest positive: Vina Yazzie v. County of Mohave (ca9, 2019-02-08)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Vina Yazzie v. County of Mohave
9th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
since 1 yazzie does not contend she should have been afforded the opportunity to resign in lieu of termination. 2 has failed to demonstrate intentional discrimination on the part of the defendants, his must also fail.
discussed Cited as authority (rule) Berry v. Pope Valley Union Elementary School District CA1/3
Cal. Ct. App. · 2025 · confidence medium
(Today’s Fresh Start, Inc. v. Los Angeles County Office of Education (2013) 57 Cal.4th 197, 212 [requiring notice and opportunity to be heard to precede any deprivation]; Peters v. Lieuallen (9th Cir. 1984) 746 F.2d 1390, 1393 [plaintiffs must demonstrate defendants acted with intent to discriminate to prove a violation of federal equal protection clause].) Eliminating those claims thus “narrowed the scope of the lawsuit” and 4 limited discovery of the facts necessary to support the remaining claims.
discussed Cited as authority (rule) Berry v. Pope Valley Union Elementary School District CA1/3
Cal. Ct. App. · 2025 · confidence medium
(Today’s Fresh Start, Inc. v. Los Angeles County Office of Education (2013) 57 Cal.4th 197, 212 [requiring notice and opportunity to be heard to precede any deprivation]; Peters v. Lieuallen (9th Cir. 1984) 746 F.2d 1390, 1393 [plaintiffs must demonstrate defendants acted with intent to discriminate to prove a violation of federal equal protection clause].) Eliminating those claims thus “narrowed the scope of the lawsuit” and 4 limited discovery of the facts necessary to support the remaining claims.
discussed Cited as authority (rule) Coleman v. The City and Borough of Juneau
D. Alaska · 2023 · confidence medium
This is so because 18 Plaintiff’s Complaint merely offers “naked assertions [about his discriminatory 19 treatment that are] devoid of further factual enhancement.”160 Plaintiff must plead 20 facts supporting the required elements and indicate what type of discrimination he 21 faced to sufficiently plead his Fourteenth Amendment Equal Protection 22 23 154 Daniels v. Williams, 474 U.S. 327 (1986); Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir. 24 1984) (emphasis added). 155 Arnold v. IBM, 637 F.2d 1350, 1355 (9th Cir. 1981). 25 156 See, e.g., Arlington Heights v. Metropolitan Housing …
discussed Cited as authority (rule) Jenkins v. ACDA/Easy Park
D. Alaska · 2022 · confidence medium
Even accepting the facts in Plaintiff’s complaint as true, there is no basis for relief under § 1983. 28 Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir. 2001). 29 Graham v. Connor, 490 U.S. 386, 393-94 (1989). 30 Tsao v. Desert Palace, Inc., 698 F.3d 1128, 1138 (9th Cir. 2012) (emphasis added). 31 Daniels v. Williams, 474 U.S. 327 (1986); Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir. 1984) (emphasis added). 32 Arnold v. IBM, 637 F.2d 1350, 1355 (9th Cir. 1981).
cited Cited as authority (rule) Monetti v. City of Seattle
W.D. Wash. · 2012 · confidence medium
Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir.1984).
discussed Cited as authority (rule) Carter v. State
9th Cir. · 2001 · confidence medium
Because the failure to demonstrate pretext was fatal to Carter’s Title VII, §§ 1981 and 1983, and H.R.S. §§ 368 and 378 claims, see Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir. 1984); Sam Teague v. Haw.
discussed Cited as authority (rule) Federal Deposit Insurance v. Henderson
9th Cir. · 1991 · confidence medium
See Sischo-Nownejad, 934 F.2d at 1112-1113 ("A plaintiff who fails to establish intentional discrimination for purposes of Title VII ... also fails to establish intentional discrimination for purposes of § 1983.”); Lowe, 775 F.2d at 1010-11 (plaintiff who established a triable issue of fact regarding intentional discrimination under Title VII was therefore entitled to proceed with § 1983 equal protection claim); Stones, 796 F.2d at 275 (because plaintiff did not establish racial discrimination under § 1981 using McDonnell Douglas test, relief under § 1983 was likewise foreclosed); Peters…
discussed Cited as authority (rule) Federal Deposit Insurance Corporation, as Receiver for Liberty Bank of Seattle v. Sim Henderson, J. Thomas Wood Barbara Wood, Husband and Wife, Defendants-Counter- Claimants-Plaintiffs-Appellants v. Thomas Oldfield, Counter-Defendant-Appellee
9th Cir. · 1991 · confidence medium
See Sischo-Nownejad, 934 F.2d at 1112-1113 ("A plaintiff who fails to establish intentional discrimination for purposes of Title VII ... also fails to establish intentional discrimination for purposes of Sec. 1983."); Lowe, 775 F.2d at 1010-11 (plaintiff who established a triable issue of fact regarding intentional discrimination under Title VII was therefore entitled to proceed with Sec. 1983 equal protection claim); Stones, 796 F.2d at 275 (because plaintiff did not establish racial discrimination under Sec. 1981 using McDonnell Douglas test, relief under Sec. 1983 was likewise foreclosed); …
cited Cited as authority (rule) Sischo-Nownejad v. Merced Community College District
9th Cir. · 1991 · confidence medium
Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir.1984); Irby v. Sullivan, 737 F.2d 1418 , 1424 n. 7 (5th Cir.1984).
cited Cited as authority (rule) Sischo-Nownejad v. Merced Community College District
9th Cir. · 1991 · confidence medium
Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir.1984); Irby v. Sullivan, 737 F.2d 1418 , 1424 n. 7 (5th Cir.1984).
discussed Cited as authority (rule) Atonio v. Wards Cove Packing Co.
9th Cir. · 1987 · confidence medium
In Wang v. Hoffman, 694 F.2d 1146 , 1148 (9th Cir.1982), which challenged the hiring and promotion policies of the Army Corps of Engineers, the panel held that a promotion system lacking objective criteria could be challenged for its disparate impact, and in Peters v. Lieual-len, 746 F.2d 1390, 1392 (9th Cir.1984), the panel held that impact analysis could be applied to subjective criteria used during interviews to screen candidates, but that the plaintiff must show that use of the criteria caused the adverse impact.
discussed Cited as authority (rule) Atonio v. Wards Cove Packing Company
9th Cir. · 1987 · confidence medium
In Wang v. Hoffman, 694 F.2d 1146 , 1148 (9th Cir.1982), which challenged the hiring and promotion policies of the Army Corps of Engineers, the panel held that a promotion system lacking objective criteria could be challenged for its disparate impact, and in Peters v. Lieuallen, 746 F.2d 1390, 1392 (9th Cir.1984), the panel held that impact analysis could be applied to subjective criteria used during interviews to screen candidates, but that the plaintiff must show that use of the criteria caused the adverse impact.
discussed Cited as authority (rule) Phyllis S. Stones v. Los Angeles Community College District, Leslie Koltai, and Mary E. Lee (2×)
9th Cir. · 1986 · confidence medium
Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir.1984).
discussed Cited as authority (rule) Victor S. SAKELLAR, Plaintiff-Appellant, v. LOCKHEED MISSILES AND SPACE CO., Defendant-Appellee
9th Cir. · 1985 · confidence medium
There was thus no evidence that the ten year rule selects applicants for rehire in a significantly discriminatory pattern based upon age, Peters v. Lieuallen, 746 F.2d 1390, 1392 (9th Cir.1984) (per curiam), such as statistical evidence, e.g., Kelly v. American Standard, Inc., 640 F.2d 974 , 980 n. 9 (9th Cir.1981).
cited Cited "see" Bankston v. Vallejo City Unified School District
9th Cir. · 2001 · signal: see · confidence high
See Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir.1984).
discussed Cited "see" Elaine Candelore v. Clark County Sanitation District James E. Gans Michael G. Pierson Fred Turnier, Does I Thru Xxx, Inclusive (2×)
9th Cir. · 1992 · signal: see · confidence high
She also claimed that the sexual harassment she experienced supported a claim for intentional infliction of emotional distress under Nevada law. 2 Candelore's principal legal contentions on appeal involve her allegations that a co-worker was having a romantic affair with one or more of Candelore's supervisors. 3 As Candelore recognizes, in order to prevail on her claim of sex discrimination in violation of the Constitution, she must be able to establish intentional discrimination pursuant to the standards developed under Title VII. 42 U.S.C. § 2000e et seq. (1981 & Supp.1992); See Peters v. L…
cited Cited "see, e.g." Richards v. City of Seattle
9th Cir. · 2009 · signal: see also · confidence medium
Dist., 934 F.2d 1104 , 1112 (9th Cir.1991); see also Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir.1984).
cited Cited "see, e.g." Richards v. City of Seattle
9th Cir. · 2009 · signal: see also · confidence medium
Dist., 934 F.2d 1104 , 1112 (9th Cir.1991); see also Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir.1984).
discussed Cited "see, e.g." Craig v. Alabama State University
11th Cir. · 1986 · signal: compare · confidence medium
Compare Peters v. Lieuallen, 746 F.2d 1390, 1392 (9th Cir.1984); Yartzoff v. State of Oregon, 745 F.2d 557, 558-59 (9th Cir.1984); Massarsky v. General Motors Corp., 706 F.2d 111, 121 (3rd Cir.), cert. denied, 464 U.S. 937 , 104 S.Ct. 348 , 78 L.Ed.2d 314 (1983); Coe v. Yellow Freight System, Inc., 646 F.2d 444, 451 (10th Cir.1981), with Walker v. Jefferson County Home, 726 F.2d 1554, 1558 (11th Cir.1984); Massarsky v. General Motors Corp., 706 F.2d at 130-31 (Sloviter, J., dissenting); Thornton v. Coffey, 618 F.2d 686, 690-91 (10th Cir.1980).
cited Cited "see, e.g." Craig v. Alabama State University
11th Cir. · 1986 · signal: compare · confidence medium
Compare Peters v. Lieuallen, 746 F.2d 1390, 1392 (9th Cir.1984); Yartzoffv.
cited Cited "see, e.g." Hershel CLADY, Et Al., Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES, Defendant-Appellee
9th Cir. · 1985 · signal: compare · confidence medium
Compare Peters v. Lieuallen, 746 F.2d 1390, 1392 (9th Cir. 1984) (clearly erroneous) with Moore v. Hughes Helicopters, Inc., 708 F.2d 475, 480-81 (9th Cir.1983) (de novo).
cited Cited "see, e.g." 38 Fair empl.prac.cas. 1170, 37 Empl. Prac. Dec. P 35,483 Frank Atonio, Eugene Baclig, Randy Del Fierro, Clarke Kido, Lester Kuramoto, Alan Lew, Curtis Lew, Robert Morris, Joaquin Arruiza, Barbara Viernes, as Administratrix of the Estate of Gene Allen Viernes, and All Others Similarly Situated v. Wards Cove Packing Company, Inc., Castle & Cooke, Inc., and Columbia Wards Fisheries
9th Cir. · 1985 · signal: see also · confidence low
See also Peters v. Lieuallen, 746 F.2d 1390 (9th Cir.1984). 49 In subsequent cases we have recognized the conflict between Heagney and Wang, and expressed opinion without resolving the question.
cited Cited "see, e.g." Atonio v. Wards Cove Packing Co.
9th Cir. · 1985 · signal: see also · confidence low
See also Peters v. Lieuallen, 746 F.2d 1390 (9th Cir.1984).
Retrieving the full opinion text from the archive…
Lewis Camden PETERS, Plaintiff-Appellant,
v.
Ray LIEUALLEN, Chancellor of the State Board of Higher Education and the State Board of Higher Education, State of Oregon, Defendants-Appellees
83-4060.
Court of Appeals for the Ninth Circuit.
Nov 9, 1984.
746 F.2d 1390
Curtis G. Oler, San Francisco, Cal., for plaintiff-appellant., Christine Chute, Asst. Atty. Gen., Dept, of Justice, Salem, Or., for defendants-appellees.
Goodwin, Kennedy, Fletcher.
Cited by 28 opinions  |  Published
PER CURIAM:

Peters appeals from a judgment in favor of defendants, the Chancellor of the Oregon State System of Higher Education and the State Board of Higher Education. Peters’s action alleged racial discrimination in violation of Title VII, 42 U.S.C. § 2000e et seq., and 42 U.S.C. §§ 1981 and 1983.

[*1392] In 1976, Peters, a black man, was one of forty-nine applicants for the position of Compliance Officer with the Board. After screening the applicants, a search committee selected nine, including Peters, who appeared qualified. The committee members interviewed these applicants, and from them, selected five finalists. Peters was not among the five finalists. A white woman was ultimately selected for the position.

The district court dismissed Peters’s § 1981 and § 1983 claims and, after trial to the court, entered judgment for the defendants on his Title VII claim. We reversed the dismissal of the § 1981 and § 1983 claims against the Chancellor on the grounds that although the Eleventh Amendment barred an award of damages against the Board, prospective relief might be available against the Chancellor. Peters v. Lieuallen, 693 F.2d 966 (9th Cir.1982). We also reversed the judgment on Peters’s Title VII claim for two reasons. First, the district court had not made a finding as to whether Peters made out a case of disparate impact. Second, the district court did not make a specific finding as to whether Peters had made out a prima facie case of disparate treatment and, in rejecting his claim, had given conclusive effect to the fact that other blacks were included among the five finalists. Id.

On remand, the district court concluded that Peters had not made out a prima facie case of disparate impact and that, although he had made out a prima facie case of disparate treatment, defendants had successfully rebutted the inference of discrimination. Peters v. Lieuallen, 568 F.Supp. 261 (D.Or.1983). Accordingly, the court entered judgment for defendants on all counts.

Discriminatory Impact.

In order to make out a prima facie case of disparate impact, the plaintiff must show that a facially neutral selection system has a significantly discriminatory impact on a group protected by Title VII. See Connecticut v. Teal, 457 U.S. 440, 446, 102 S.Ct. 2525, 2531, 73 L.Ed.2d 130 (1982). Here, the district court found that Peters had failed to show that the Board’s requirement that the Compliance Officer possess good written and oral communication skills, as judged by the search committee, had a significant discriminatory impact on blacks.

We do not find the district court’s conclusion clearly erroneous. See Contreras v. City of Los Angeles, 656 F.2d 1267, 1272 (9th Cir.1981), cert. denied, 455 U.S. 1021, 102 S.Ct. 1719, 72 L.Ed.2d 140 (1982). Although Peters showed that only a small proportion of the Chancellor’s office’s employees were black, there was no evidence that the selection criteria at issue here were used in choosing among applicants for positions other than that of Compliance Officer. The facts that defendants used subjective criteria and that the search committee members were all white are not enough to show disparate impact. Peters must show the effect of these criteria on the defendants’ work force. See Ward v. Westland Plastics, Inc., 651 F.2d 1266, 1270 & n. 1 (9th Cir.1980).

Disparate Treatment.

The district court found that Peters had established a prima facie case of disparate treatment, but that the defendants had satisfied their burden of producing evidence of a legitimate, nondiscriminatory reason for rejecting Peters. 568 F.Supp. at 267; see Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 252-56, 101 S.Ct. 1089, 1093-95, 67 L.Ed.2d 207 (1981). Ultimately, the district court concluded that Peters failed to demonstrate either that the defendants had been motivated by discriminatory intent, or that their proffered reasons for rejecting him were unworthy of credence. 568 F.Supp. at 268-69; Texas Dep’t of Community Affairs v. Burdine, 450 U.S. at 256, 101 S.Ct. at 1095.

We do not find these determinations by the district court to have been clearly erroneous. The court considered the fact that other blacks were on the list of finalists for the Compliance Officer position, but did not give undue weight to this[*1393] factor. See Peters v. Lieuallen, 693 F.2d at 970. It considered the possibility that the defendants had “conspired to place less qualified blacks among the top five ranked candidates in order to insure that ... a white candidate would ultimately be selected,” but found “no evidence of such a subterfuge by defendants.” 568 F.Supp. at 268. Although the district court disagreed with some of the reasons the defendants gave for rejecting Peters, it found defendants’ explanation rational and credible. Id. at 268-69. The. fact that a court may think that an employer misjudged the qualifications of an applicant does not in itself establish a Title VII violation. Texas Dep’t of Community Affairs v. Burdine, 450 U.S. at 259, 101 S.Ct. at 1096. The district court rejected Peters’ contention that the woman hired for the Compliance Officer’s position did not meet its qualifications, and we find that the record supports that conclusion.

Claims Under 42 U.S.C. §§ 1981 and 1983.

Since Peters has failed to demonstrate intentional discrimination on the part of the defendants, his race discrimination claims under 42 U.S.C. §§ 1981 and 1983 must also fail. Firefighters Local Union No. 1784 v. Stotts, — U.S.-, 104 S.Ct. 2576, 2590 n. 16, 81 L.Ed.2d 483 (1984); General Building Contractors Ass’n, Inc. v. Pennsylvania, 458 U.S. 375, 388-391, 102 S.Ct. 3141, 3148-3149, 73 L.Ed.2d 835 (1982); Washington v. Davis, 426 U.S. 229, 239-241, 96 S.Ct. 2040, 2047-2048, 48 L.Ed.2d 597 (1976); accord, Irby v. Sullivan, 737 F.2d 1418, 1424 n. 7 (5th Cir.1984); Beard v. Annis, 730 F.2d 741, 744 n. 2 (11th Cir.1984); Parker v. Board of School Comm’rs, 729 F.2d 524, 528 (7th Cir.1984); Knight v. Nassau County Civil Serv. Comm’n, 649 F.2d 157, 161-62 (2d Cir. 1981), cert. denied, 454 U.S. 818, 102 S.Ct. 97, 70 L.Ed.2d 87 (1981).

The district court’s judgment is AFFIRMED.