Delvecchia

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 9 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETER DELVECCHIA, individually, and No. 24-5847 as next friend of A.D., a minor, D.C. No. 2:19-cv-01322-KJD-DJA Plaintiff - Appellant,

v. MEMORANDUM*

FRONTIER AIRLINES, INC.; SCOTT

ALEXANDER WARREN; REX TYLER

SHUPE,

Defendants - Appellees,

Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding

Argued and Submitted January 8, 2026 Phoenix, Arizona

Before: HAWKINS, RAWLINSON, and BRESS, Circuit Judges. Dissent by Judge BRESS. Peter DelVecchia, a White man, and his adopted son A.D., who is Black, sued

Frontier Airlines, Rex Shupe (a Frontier pilot), and Scott Warren (a Frontier flight

attendant) for racial discrimination under 42 U.S.C. § 1981. The plaintiffs also

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. advanced various tort claims under Nevada law. The district court granted…