Richard Vangieson v. Lloyd Austin

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 26 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD VANGIESON, an individual, No. 22-55998

Plaintiff-Appellant, D.C. No. 3:20-cv-01033-LAB-MDD v.

LLOYD AUSTIN, in his official capacity as MEMORANDUM* the Secretary of Defense,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Argued and Submitted December 4, 2023 Pasadena, California

Before: CALLAHAN, R. NELSON, and BADE, Circuit Judges. Dissent by Judge CALLAHAN.

Plaintiff-Appellant Richard Vangieson appeals from the district court’s order

granting summary judgment to Defendant-Appellee Lloyd Austin, in his official

capacity as the U.S. Secretary of Defense, on Vangieson’s claim of disability

discrimination under the Rehabilitation Act. Vangieson contends that his former

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. employer, the Defense Contract Audit Agency (DCAA), fired…