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MARTIN v. CALIFORNIA DEPT. OF VETERANS AFFAIRS

No. 06-16850.

560 F.3d 1042 (2009)

Estate of Dorothy MARTIN; and Mary Martin, Plaintiff-Appellants, v. CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS, a California Public Corporation; Bruce Thiesen, individually and as Secretary of the California Department of Veterans Affairs; George H. Andries, Jr., individually and as Deputy Secretary for Veterans Homes; Marcella McCormack, individually and as Administrator of Veterans Home of California, Yountville; John Heltsly, individually and as Administrator of Veterans Home of California, Barstow; and Tom Arnold, individually and as Administrator of Veterans Home of California, Chula Vista, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2009.

Attorney(s) appearing for the Case

Chad Carlock, Law Offices of Chad Carlock, Davis, CA, for the plaintiffs-appellants.

John Ruocco, California Department of Veterans Affairs, Sacramento, CA, for the defendants-appellees.

Opinion by Judge Graber; Partial Concurrence and Partial Dissent by Judge Pregerson

GRABER, Circuit Judge:

Plaintiffs, the Estate of Dorothy Martin and Mary Martin, Dorothy's daughter, claim that Defendants the California Department of Veterans Affairs ("Department") and its officers and administrators illegally denied Dorothy Martin admission to the Veterans' Home of California ("Home") because of a disability, specifically, Alzheimer's disease and Alzheimer's-related dementia. The district court granted judgment as a matter of law to Defendants...

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