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WALTON v. U.S. MARSHALS SERVICE

No. 05-17308.

476 F.3d 723 (2007)

Naomi WALTON, Plaintiff-Appellant, v. U.S. MARSHALS SERVICE; Marc A. Farmer, Chief, Judicial Protective Services-Judicial Security Division; U.S. Department of Health and Human Services; Benigno G. Reyna, Director, United States Marshals Service; Alberto R. Gonzales, Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2007.

Attorney(s) appearing for the Case

Edith J. Benay, San Francisco, CA, for the plaintiff-appellant.

Eric Fleisig-Greene, United States Department of Justice, Washington, DC, for the defendant-appellee.

Before GOODWIN, FISHER, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Naomi Walton sued the U.S. Marshals Service ("USMS") under the Rehabilitation Act of 1973 alleging that the USMS unlawfully discharged her because of her hearing impairment. She appeals from the district court's grant of summary judgment in favor of the USMS, arguing that the district court erred in ruling that she failed to demonstrate a genuine issue of material fact concerning whether she was disabled within the meaning of the Acts.

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