Vaughn

Vaughn v. Harvey

Good Law
140 F. App'x 644
United States Court of Appeals for the Ninth CircuitJuly 7, 2005No. 03-35976; D.C. No. CV-02-05542-RJBCalifornia1,157 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Mary A. Vaughn appeals the district court’s grant of partial summary judgment to Defendants-Appellees (the Army) on her claim that she suffered retaliation, in the form of unreasonable accommodation of her disability, as a result of her complaints alleging that there was a racially hostile work environment. 1 Vaughn also appeals the district court’s grant of judgment as a matter of law on her claim of unreasonable accommodation under the Federal Rehabilitation Act of 1973. 2 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s grants of partial summary *646 judgment and judgment as a matter of law.

I

We first address the issue of retaliation. To state a claim for retaliation, a plaintiff must show (1) that she engaged in protected activity, (2) that she suffered an adverse employment action, and (3) that there was a causal link between the protected activity and the adverse employment action. Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1064 (9th Cir.2002). The district court granted summary judgment to the Army on the retaliation claim because the district court concluded that “even assuming that…

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