Duffey

Duffey v. Oregon Youth Authority

Good Law
316 F. App'x 532
United States Court of Appeals for the Ninth CircuitMarch 24, 2008Nos. 06-35216, 06-35258California745 words

Opinion

Lead Opinion

*533 MEMORANDUM **

Brenda Duffey appeals from the district court’s judgment and argues that the court erred when it granted summary judgment to the Oregon Youth Authority, its employee, Clint McClellan, and, in part, to her employer, Linn Benton Lincoln Education Service District (ESD). ESD appeals from the judgment entered against it. We affirm.

We have reviewed the record and we agree with the district court that Duf-fey failed to submit evidence that would permit a reasonable juror to determine 1 that OYA or McClellan retaliated or discriminated against her in any way. Thus, the district court did not err when it granted summary judgment in their favor on her Rehabilitation Act claim 2 and on her 42 U.S.C. § 1983 claim based on the First Amendment to the United States Constitution, 3 respectively. Moreover, whatever else might be said about the actions of ESD, Duffey did not come close to presenting sufficient evidence to show that her difficulties with ESD rose to a level where her working conditions were so intolerable and discriminatory that “a reasonable person would feel forced to resign.” Schnidrig v. Columbia Mach., Inc., 80 F.3d 1406 , 1412 (9th Cir.1996); see also…

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