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OKWU v. McKIM

No. 11-15369.

682 F.3d 841 (2012)

Josephine OKWU, Plaintiff-Appellant, v. Cindy McKIM; Judith Smith; Dave Schaefer; Anne Stausboll; Peter H. Mixon; Rory J. Coffey; Donna Ramel Lum, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2012.

Attorney(s) appearing for the Case

Herman Franck (argued), Elizabeth Vogel , Franck & Associates, Sacramento CA, for the appellant.

D. Gregory Valenza , Shaw Valenza LLP, San Francisco, CA, for appellees Anne Stausboll, Peter H. Mixon, Rory J. Coffey, and Donna Ramel Lum.

Navtej Bassi , State of California Department of Transportation, for appellees Cindy McKim, Judith Smith, and Dave Schaefer.

Before: STEPHEN REINHARDT, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

This appeal presents the issue of whether a state employee may sue state officers under 42 U.S.C. § 1983 for alleged violations of Title I of the Americans with Disabilities Act, 42 U.S.C. §§ 12111-12117. The defendants in this case determined that Plaintiff Josephine Okwu's psychological disorders made her unfit for reinstatement from disability retirement to active service with the California Department of...

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