United States Ninth Circuit
Brown v. City of Los Angeles, 06-55699
In an action brought by two LAPD officers injured in the line of duty claiming that an offset for any workers' compensation award, contained in LAPD's disability retirement pension amounts to disability discrimination, summary judgment for the city is affirmed where: 1) for purposes of a Title II claim, plaintiffs could not show that the city's offset policy discriminates "by reason of" their disabilities; 2) an FEHA claim failed as plaintiffs did not meet their prima facie burden to show an adverse action "because of" their disabilities; and 3) they waived a section 1983 claim by failing adequately to raise it in their opening brief.
Appellate Information
- Argued 02/06/2008
- Decided 04/10/2008
- Published 04/10/2008
Judges
- PER CURIAM:, Before: CYNTHIA HOLCOMB HALL, SUSAN P. GRABER, and MARSHA S. BERZON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Jerome Zamos, Zamos & Okojie, Woodland Hills, CA, for the plaintiffs-appellants.
- For Appellees:
- Paul L. Winnemore, Deputy City Attorney, Los Angeles, CA, for the defendant-appellee.