On October 16, 2003, several Caucasian former Major League Baseball ("MLB") players filed a lawsuit based on Title VII, § 1981, § 1985, battery and negligence against MLB commissioner and all existing MLB teams in the U.S. District Court for the Central District of California, Western Division. The plaintiffs, represented by private counsel, alleged that MLB had violated Title VII by excluding them from medical and supplemental income plans devised by MLB for former Negro League players, and committed battery by subjecting them to a dangerous regimen of cortisone shots and other drugs without their informed consent.

In response to the plaintiffs' complaint, the defendants filed a motion to dismiss and/or for summary judgment on January 30, 2004. On March 15, the district court (Judge Manuel L. Real) held a hearing on the motion. At the hearing, the plaintiffs withdrew their negligence, § 1981, and § 1985 claims. After hearing arguments on the remaining Title VII and battery claims, the district court granted defendants' motion for summary judgment.

The plaintiffs appealed, but on May 9, 2006, the 9th Circuit (Judge Reinhardt) affirmed the district court's decision, holding that the plaintiffs had failed to establish a prima facie case of discrimination, because the income plans did not constitute an adverse employment action and Caucasian players and African-American players were not similarly situated.

Kunyi Zhang - 07/06/2010


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