Lord

Lord v. Arizona

Good Law
286 F. App'x 364
United States Court of Appeals for the Ninth CircuitJuly 3, 2008No. 06-15875California930 words

Opinion

Lead Opinion

*365 MEMORANDUM ***

Brenda Lord appeals the district court’s order granting summary judgment in favor of defendant State of Arizona Department of Corrections (“Defendant” or “DOC”) in an action alleging a violation of the Federal Rehabilitation Act of 1973, 29 U.S.C. § 701 (“FRA”), and a violation of the Arizona Civil Rights Act, Ariz.Rev. Stat. § 41-1463 (“ACRA”). 1 In her lawsuit, Lord alleged that the DOC failed to accommodate her severe asthma by not providing her with a work environment free from smoke. She contends on appeal that the district court erred in ruling that she failed to raise genuine issues of material fact as to whether her asthma was a disability, as to whether she was a qualified person who could perform the essential function of her job as a Correctional Officer II (“CO II”), and as to whether the DOC made a good faith effort to accommodate her. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the facts, we do not recite them in detail. We review a grant of summary judgment de novo and consider whether, viewing the evidence in the light most favorable to Lord, the nonmoving party, there are any…

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