Walton v. U.S. Marshals Service

476 F.3d 723 Naomi WALTON, Plaintiff-Appellant, v. U.S. MARSHALS SERVICE; Marc A. Farmer, Chief, Judicial Protective Services-Judicial Security Division; U.S. Department of Health and Human Services; Benigno G. Reyna, Director, United States Marshals Service; Alberto R. Gonzales, Attorney General, Defendants-Appellees. No. 05-17308. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 16, 2006. Filed February 9, 2007. Edith J. Benay, San Francisco, CA, for the plaintiff-appellant. Eric Fleisig-Greene, United States Department of Justice, Washington, DC, for the defendant-appellee. Appeal from the United States District Court for the Northern District of California; Susan Yvonne Illston, District Judge, Presiding. Before GOODWIN, FISHER, and SMITH, Circuit Judges. SMITH, Circuit Judge. 1 Naomi Walton sued the U.S. Marshals Service ("USMS") under the Rehabilitation Act of 1973 alleging that the USMS unlawfully discharged her because of her hearing impairment. She appeals from the district court's grant of summary judgment in favor of the USMS, arguing that the district court erred in ruling that she failed to demonstrate a genuine issue of material fact…