Lua

Lua v. Potter

Good Law
59 F. App'x 994
United States Court of Appeals for the Ninth CircuitMarch 21, 2003No. 02-55462; D.C. No. CV-01-0240-MLRCalifornia274 words

Opinion

Lead Opinion

MEMORANDUM **

Paula Lua appeals pro se the district court’s summary judgment for defendant in her Rehabilitation Act and Title VII action alleging race, gender, and disability discrimination and retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998), and we affirm.

The district court properly granted summary judgment on Lua’s Rehabilitation Act and Title VII claims because Lua *995 failed to raise a genuine issue of material fact as to whether her employer disciplined and terminated her due to a discriminatory or retaliatory motive. See Newland v. Dalton, 81 F.3d 904, 906 (9th Cir.1996) (concluding that a termination based on misconduct rather than the disability itself is not a violation of the Rehabilitation Act); Wallis v. J.R. Simplot Co., 26 F.3d 885, 891-92 (9th Cir.1994) (Title VII and retaliation); see also Forsberg v. Pac. Bell N.W. Tel. Co., 840 F.2d 1409, 1418-19 (9th Cir. 1988) (“[PJurely conclusory allegations of alleged discrimination, with no concrete, relevant particulars, will not bar summary judgment.”).

Finally, the district court did not abuse its discretion by denying Lua’s…

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