What is the test for establishing a prima facie case of discrimination against M-K?

2 A prima facie case may also be established through the production of direct evidence of discrimination. Douglas v. Anderson, 656 F.2d 528, 531 n. 2 (9th Cir.1981). In this case, there is no direct evidence of racial discrimination.

3 Sengupta has alleged that the district court's grant of summary judgment in favor of M-K denied him his Sixth Amendment right to trial by jury. Initially, since this is not a criminal case, the Sixth Amendment is not implicated. Moreover, the Seventh Amendment has not been violated by the district court's action. The Constitution only requires that bona fide fact questions be submitted to a jury. DeBry v. Transamerica Corp., 601 F.2d 480, 490 (10th Cir.1979). In its judgment for M-K the district court concluded that there were no genuine issues of material fact at issue. Thus, the plaintiff's only possible claim is that the district court erred in this determination.