United States Ninth Circuit

In a suit alleging discrimination and violation of the Constitution and state laws relating to a denial of employment by a city police department, summary judgment for defendant-city is affirmed where: 1) plaintiff voluntarily, deliberately, and knowingly waived her right to assert her ADA and section 1983 claims against the police department because they were predicated on actions taken during a background investigation; 2) plaintiff did not exhaust her administrative remedies for her sex and disability discrimination claims under Arizona law; and 3) while plaintiff's retaliation claims were not barred, she failed to raise a genuine issue of material fact with respect to pretext.

Appellate Information

• Argued 02/13/2007
• Decided 09/13/2007
• Published 09/13/2007

Judges

• RAWLINSON, Circuit Judge:, Before:  RONALD M. GOULD and JOHNNIE B. RAWLINSON, Circuit Judges, and ALFRED V. COVELLO, Senior Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David F. Gaona, Phoenix, AZ, for the plaintiff-appellant.


• For Appellees:
  
• Mark T. Steadman, Mesa, AZ, for the defendant-appellee.