Chapman

Chapman v. Potter

Good Law
300 F. App'x 493
United States Court of Appeals for the Ninth CircuitNovember 10, 2008No. 06-16600California417 words

Opinion

lead Opinion

MEMORANDUM **

Donald Chapman (“Chapman”) appeals the district court order granting defendant United States Postal Service’s (“USPS”) motion for summary judgment on Chapman’s claims for discrimination under the Rehabilitation Act of 1973, 29 U.S.C. § 791 , and retaliation. We review the district court’s order de novo to determine whether there are any genuine issues of material fact for trial. Wong v. Regents of Univ. of Cal., 410 F.3d 1052, 1063 (9th Cir.2005). We can affirm the grant of summary judgment on any ground supported by the record. See Enlow v. Salem-Keizer Yellow Cab Co., 371 F.3d 645, 649 (9th Cir.2004).

In order to survive summary judgment on his Rehabilitation Act claim, Chapman must establish that there is a genuine issue of material fact as to whether “he is (1) an individual with a disability, (2) otherwise qualified and (3) subjected to discrimination solely by reason of his disability.” Mustafa v. Clark County Sch. Dist. 157 F.3d 1169, 1174 (9th Cir.1998) (per curiam). Summary judgment in favor of USPS was appropriate because no reasonable factfinder could have concluded that Chapman was a “qualified individual” or that he was terminated solely because of his…

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