Benavides

Benavides v. City of Oklahoma City

Good Law
508 F. App'x 720
United States Court of Appeals for the Ninth CircuitJanuary 23, 2013No. 12-6107California2,837 words

Opinion

Lead Opinion

Anderson, J.

ORDER AND JUDGMENT *

In this employment discrimination case, Roland Benavides appeals from a district court order that granted the City of Oklahoma City’s motion for summary judgment on Benavides’ claims under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134 , and the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2611-2619 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Background

Benavides began working for the City as a police officer in 1992. Ultimately, he became a detective, and was assigned to the burglary unit in 2006. Due to various medical conditions, including dilated car-diomyopathy, Benavides took sick leave and donated leave under the FMLA.

On May 14, 2010, one of Benavides’ coworkers filed a confidential report indicating that Benavides was suspected of illegal *722 gambling. Based on that report, the police chief ordered an investigation.

One week later, Benavides complained to his immediate supervisor, Lieutenant Frank O’Brien, that his co-workers had been harassing him regarding his health problems and use of sick leave. Lieutenant O’Brien met with Benavides’ co-workers in the burglary unit and instructed them to stop…

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