Parker Excavating, Inc. v. Lafarge West, Inc.

MATHESON, Circuit Judge.

This appeal arises from a grant of summary judgment against Plaintiff-Appellant Parker Excavating, Inc. (“PEI”) on its civil rights claim against Defendants-Appellees Lafarge West, Inc. (“Lafarge”), 1 Martin Marietta Minerals, Inc. (“MMM”), and Nick Guerra, an employee of Lafarge and MMM.

Lafarge, a construction company, was the primary contractor on a paving project for Pueblo County, Colorado (“the County”). PEI, a Native American-owned construction company, was a subcontractor for Lafarge. MMM replaced Lafarge as the primary contractor. PEI’s participation in the…