John France v. Jeh Johnson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN M. FRANCE, No. 13-15534 Plaintiff-Appellant, D.C. No. v. 4:10-cv-00574-

JGZ

JEH JOHNSON,* Secretary, Department of Homeland Security, ORDER AND Defendant-Appellee. AMENDED

OPINION

Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding

Argued and Submitted June 9, 2015—San Francisco, California

Filed August 3, 2015 Amended October 14, 2015

Before: Barry G. Silverman, Ronald M. Gould, and Andrew D. Hurwitz, Circuit Judges.

Order; Opinion by Judge Gould

* Jeh Johnson is substituted for his predecessor, Janet Napolitano, as Secretary of the Department of Homeland Security, pursuant to Federal Rule of Appellate Procedure 43(c). SUMMARY**

Age Discrimination in Employment Act

The panel reversed the district court’s summary judgment in favor of the United States Department of Homeland Security in an action by a border patrol agent alleging violation of the Age Discrimination in Employment Act (“ADEA”).

The plaintiff…