James Benson v. Wendell School District No. 232

87 F.3d 1317 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James BENSON, Plaintiff-Appellant, v. WENDELL SCHOOL DISTRICT NO. 232, Defendant-Appellee. No. 95-35423. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1996. June 18, 1996. Before: LAY, * FERGUSON, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 James Benson ("Benson"), a school teacher, appeals from the district court's entry of summary judgment in favor of the defendant, Wendell School District ("District"), arguing that the court erred by rejecting Benson's federal civil rights and state law claims arising out of the District's elimination of the only educational program for which Benson was qualified. We review de novo, viewing the evidence in the light most favorable to Benson as the nonmoving party to determine whether any genuine issues of material fact exist and whether the district court correctly applied the relevant substantive law. See Buffets, Inc. v. Klinke, 73 F.3d 965,…