Mary Ganley v. County of San Mateo

FILED

NOT FOR PUBLICATION JAN 21 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MARY GANLEY, an individual, No. 08-15909

Plaintiff - Appellant, DC No. 3:06-CV-06-3923 THE

v.

MEMORANDUM *

COUNTY OF SAN MATEO,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California Thelton E. Henderson, U.S. District Judge, Presiding

Argued and Submitted October 9, 2009 San Francisco, California

Before: WALLACE, THOMPSON, and THOMAS, Circuit Judges.

The district court correctly determined the County did not violate Ganley’s

due process rights in removing her from her position as a correctional officer. See

Mathews v. Eldridge, 424 U.S.319, 334-35 (1976). At the meetings of June 6 and

June 21, 2005, Ganley was fully informed of the consequences of the medical

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. reports from the County’s physician and from her treating physician, both of whom

concluded she could not perform…