Unpublished Disposition, 908 F.2d 977 (9th Cir. 1990)

MEMORANDUM^** 

Lawrence Tamale appeals the district court's judgment following a bench trial in this Title VII action brought by Tamale against his former employer, the University of California, and several of its employees. Tamale contends on appeal that the district court erred by finding that he was not a victim of national origin discrimination and by failing to admit certain documentary evidence at trial. He also continues to argue on appeal that the individual defendants slandered him. We affirm.

Tamale, a Ugandan national, was terminated from employment on three separate occasions by the University. The record contains ample support for the district court's conclusion that Tamale was not a victim of national origin discrimination. To the extent that Tamale established a prima facie case, the employer countered it by articulated legitimate, nondiscriminatory reasons for each discharge. We agree with the district court that Tamale thereafter failed to carry his burden of showing that the articulated reasons were a pretext or untrue or unworthy of belief. See Fragante v. City and Country of Honolulu, 888 F.2d 591, 594 (9th Cir. 1989), cert. denied, 110 S. Ct. 1811 (1990).

Tamale contends that the district court erred by failing to allow him to introduce certain documents. It appears, however, that the documents were admitted and considered by the court. At any rate, even assuming that some of the documents were excluded, Tamale failed to show how his case was prejudiced by the alleged omissions. See Jauregui v. City of Glendale, 852 F.2d 1128, 1131 (9th Cir. 1988) (trial court's exclusion of evidence will not be reversed absent some showing of prejudice).

The district court dismissed Tamale's claims for defamation and slander on the ground that he failed to produce any evidence to support his claim. We agree with the trial court. Tamale failed to rebut the testimony indicating that he did indeed harass employees and threaten to kidnap a coworker.

AFFIRMED.