Wilson

Wilson v. Dalton

Good Law
24 F. App'x 777
United States Court of Appeals for the Ninth CircuitDecember 17, 2001No. 00-55281; D.C. No. CV-98-2474-ABCCalifornia1,004 words

Opinion

Lead Opinion

*778 MEMORANDUM *

Robert C. Wilson (Wilson) sued the Navy under the Rehabilitation Act. 1 He appeals the district court’s partial summary judgment for the Navy, arguing that he raised a genuine issue of material fact as to whether the Navy reasonably accommodated his carpal tunnel syndrome. Wilson also appeals the district court’s denial of his motion for a new trial on his retaliation claim, arguing that the district court erred in ordering him to undergo a mental examination. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the district court.

I.

Wilson likens this case to Barnett v. U.S. Air, Inc., 2 and claims that the Navy did not act in good faith. 3 However, unlike the plaintiff in Barnett, Wilson produced no evidence that the Navy failed to seek a dialogue or communicate with Wilson, otherwise ignored him, or summarily rejected his accommodation requests without offering alternatives. 4 In contrast, the Navy produced evidence that it had met with Wilson, requested information about his conditions and limitations, asked him what he wanted, considered his requests, and offered and discussed alternatives.

Wilson contends, however, that the Navy did not act…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.