Anton

United States ex rel. Hopper v. Anton

Good Law
91 F.3d 1261·1996 WL 426854
United States Court of Appeals for the Ninth CircuitJuly 31, 1996Nos. 95-55273, 95-55374California4,373 words

Opinion

Lead Opinion

Thomas, J.

Sheila Hopper (“Hopper”) appeals the district court’s entry of summary judgment against her qui tam False Claims Act (“FCA” or “Act”) claim against the Los An-geles Unified School District (“LAUSD” or “School District”). The School District cross-appeals the district court’s refusal to enter judgment as a matter of law after trial on Hopper’s FCA employment retaliation claim under 31 U.S.C. § 3730 (h).

We AFFIRM the grant of summary judgment and REVERSE the denial of the School District’s motion for judgment as a matter of law after trial.

I. BACKGROUND

Hopper has been employed by the School District as a special education teacher for more than 20 years. Beginning in April of 1989, Hopper began complaining to her superiors that the School District was failing to comply with federal and state laws regarding the handling of special education children. Specifically, she alleged that the School District conducted Individualized Education Program (“IEP”) evaluations 1 of potential special education students with special education teachers rather than the students’ classroom teachers. She contended this procedure violated California Education Code § 56341(b)(2) 2 and the Individuals…

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