Barbara Boose v. Tri-County Metropolitan Transp

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BARBARA BOOSE, 

Plaintiff-Appellant, No. 08-35878 v. TRI-COUNTY METROPOLITAN  D.C. No. 3:07-CV-00458-PK

TRANSPORTATION DISTRICT OF

OPINION

OREGON,

Defendant-Appellee.  Appeal from the United States District Court for the District of Oregon Paul J. Papak, Magistrate Judge, Presiding

Argued and Submitted October 8, 2009—Portland, Oregon

Filed November 23, 2009

Before: Diarmuid F. O’Scannlain and N. Randy Smith, Circuit Judges, and Ronald M. Whyte,* District Judge.

Opinion by Judge O’Scannlain

*The Honorable Ronald M. Whyte, United States District Judge for the Northern District of California, sitting by designation.

15523 15526 BOOSE v. TRI-COUNTY METROPOLITAN TRANSPORTATION

COUNSEL

Karen Berkowitz, Oregon Law Center, Portland, Oregon, argued the cause for appellant Barbara Boose and filed briefs; Spencer M. Neal, Oregon Law Center, Portland, Oregon, and Ellen Gradison, Oregon Law Center, Corvallis, Oregon, were also on the briefs.

Keith M. Garza, Oak Grove, Oregon, argued the cause for appellee TriMet and filed a brief; Kimberly Sewell,…