Nancy Claflin v. Denis McDonough

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 2 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NANCY CLAFLIN, No. 22-15524

Plaintiff-Appellant, D.C. No. 2:19-cv-04718-JJT

v.

MEMORANDUM*

DENIS MCDONOUGH, Secretary of Veterans Affairs,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona John Joseph Tuchi, District Judge, Presiding

Argued and Submitted April 20, 2023 Phoenix, Arizona

Before: TALLMAN, OWENS, and BADE, Circuit Judges.

In February 2014, a whistleblower alleged that the Veterans Affairs Health

Care System in Phoenix, Arizona, had used secret waitlists to conceal prolonged

wait times for appointments, and that dozens of veterans had died because of the

VA’s failure to provide medical care in a timely manner. That allegation caused a

national political scandal, leading to the resignation of then-VA Secretary Eric

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Shinseki. Other VA officials were either removed…