Sue Thomas v. Nakatani

309 F.3d 1203 Sue THOMAS, Plaintiff-Appellee, v. James J. NAKATANI, individually and in his capacity as Chairman of the Board of Agriculture, State of Hawaii; Department of Agriculture, State of Hawaii; State of Hawaii, Defendants-Appellants, and United States of America, Defendant-Intervenor. No. 01-16310. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 2002. Filed November 6, 2002. Michael W. Kirk, Cooper & Kirk, Washington, D.C.; Deborah Day Emerson and David A. Webber, Deputy Attorneys General for Dept. of Attorney General, State of Hawai'i, for the defendants-appellants. Michael A. Lilly and John Winnicki, Ning Lilly & Jones, Honolulu, Hawaii, for the plaintiff-appellee. Jessica Dunsay Silver and Seth M. Galanter, Attorneys, Civil Rights Division of the Department of Justice, Washington, D.C., for the intervenor. Appeal from the United States District Court for the District of Hawaii; Alan C. Kay, District Judge, Presiding. D.C. No. CV-00-00125-ACK. Before: WALLACE, TASHIMA and TALLMAN, Circuit Judges. WALLACE, Senior Circuit Judge: 1 Hawaii appeals from the district court's denial of its motion to dismiss Thomas' Americans with Disabilities…