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LAKESIDE-SCOTT v. MULTNOMAH COUNTY

No. 05-35896.

556 F.3d 797 (2009)

Lea LAKESIDE-SCOTT, Plaintiff-Appellee, v. MULTNOMAH COUNTY, Defendant, and Jann Brown, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 12, 2009.

Attorney(s) appearing for the Case

George P. Fisher, Portland, OR, for the plaintiff-appellee.

Jenny M. Morf (argued), Assistant County Attorney; Katie A. Lane, Assistant County Attorney, Portland, OR, for the defendant-appellant.

Before: RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges and JUDITH M. BARZILAY, Judge.

Opinion by Judge FISHER; Concurrence by Judge BERZON.

FISHER, Circuit Judge:

This appeal involves an alleged retaliatory discharge of an employee after she complained about co-workers and one of her supervisors and presents a question that this circuit has not yet answered: Can a final decision maker's wholly independent, legitimate decision to terminate an employee insulate from liability a lower-level supervisor involved in the process who had a retaliatory...

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