Daniel Garcia v. Walmart, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL GARCIA, No. 23-35321

Plaintiff-Appellant, D.C. No. 1:22-cv-03003-TOR

v.

MEMORANDUM*

WALMART, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, District Judge, Presiding

Argued and Submitted May 6, 2024 Seattle, Washington

Before: W. FLETCHER, BEA, and OWENS, Circuit Judges.

Daniel Garcia appeals from the district court’s summary judgment in favor

of Walmart, Inc., in his employment action alleging federal and state claims for

disability discrimination, failure to accommodate, and retaliation, as well as state

law tort claims. “We review de novo the district court’s order granting summary

judgment.” Fried v. Wynn Las Vegas, LLC, 18 F.4th 643, 646 (9th Cir. 2021).

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. “We view the evidence in the light most favorable to [the non-moving…