one takes a close look at the evidence that's been produced particularly in light of the standards for determining a motion for summary judgment that the district court's finding that there was no triable issue it's nearly all force with that of arcade ventures we have direct evidence of a discriminatory policy as summarized in the general statement that was made by the city of page attorney circumstantial evidence of that primarily would be the location of the navajo reservation to the site of the accident and the testimony of the officers that were following the tracks in the desert that night accident is clearly in question there's no evidence that he had any information that the driver was or was not a native american individual was a resident of or from the glendale area which is approximately two hundred miles over two hundred miles from that area such an individual would have no knowledge of that area at all or we can assume that such an individual would not have any knowledge of that area and its location to the grand canyon such an individual would also probably not know where the indian reservation was located that night  these are issues that a jury should decide  are you really asking the jury to speculate i mean i thought i heard you say that earlier pretty presentation that he didn't know one where the other whether the driver was a native american or not if that's all you've got what's the issue you can test for the issue of fact it versus the failure of proof to show that the motive was impermissible in calling off the search well we have the statement of the city attorney indicating that there was a general policy of not pursuing runaway drivers particularly in light of the fact that the strivers tend to have gone through another jurisdiction in the case of those accidents occurring at the reservation presumably that jurisdiction would be the navajo reservation and presumably those individuals would be native american who would have comfort knowing not only where the reservation was but that they could survive if accident report prepared with or not i mean somebody was injured and went to the hospital and i believe it was testimony was that the sergeant went to the hospital to try and follow up with the driver of the other vehicle are you saying that no police report was ever made of that understanding is that's the report has been shared with the state agency the victim's father would not have had such trouble locating finding out what happened to his son as it was going through the normal course of investigation of a matter where a person presumed to be driving his vehicle disappears one of the first systems that a police agency would search would be the statewide system where all the jurisdiction responsibility to do that that's a clerical function of somebody of the ph police department who just didn't do it who as far as touching i can you right you can testify one way or the other whether it was done and we were able to confirm that let me let me back up a second first he backs away from the state of the deposition and he says well step one is what started says we have this problem people run away sometimes they go to the navajo reservation and step two is there for there's a policy of whether mr amos is native american or white anyone who runs away i'm sorry anyone who runs away anyone who runs away from a hit and run accident let me get to do the hit and run accidents well they did search that something right i mean they call out a helicopter and searched through a great extent and there's no evidence in this case of this police department searching any differently or any greater or any other type of of runaway driver and that's the real heart of the discrimination case the allegation is you didn't search for this individual as as well as you should have or as well as you would have if you knew that he was a white person and yet there is no not even anecdotal evidence that in some other incident this police department search tried you argue is actually the flip side of that this is our causation argument really sort of a separate argument from from argument about showing discriminatory intent yeah there's no evidence that this individual would have been found and the reason is we don't know if he fell off that cl judgment summary judgment that was an argument we raised the judge didn't decide summary judgment on that ground let me direct you to that to a case that actually played at sites called thing i'm horses manhattan beach which really really gets to the things difference in treatment in a case where certain people were actually treated differently which we don't have in this case and which we did have an arcade ventures and in the basement case saying you know look just because there was a black man pulled over by like police doesn't mean there's discrimination in this case mr moon's main argument i think it is well there's really no other way to explain why they didn't search more for him that then  a pretty good explanation after an hour of searching after calling out a helicopter in a pretty desolate country police concluded look this guy's got a two hour head start on us there's really no practical way we're going to find him g and this statement is just a general statement of the policy that the alleged pervaded the police department would also note that the chief of police was terminated due to what the city manager described as discriminatory policies against native americans it was in hiring aren't in hiring that was the basis for the chiefs termination hired any native americans during the time that he was chief of police so we do have additional evidence of a discriminatory policy police department if the court should find that there's an adequate evidence of a policy within the department however that doesn't preclude a finding that the supervisor in charge that you started may have been motivated by discriminatory