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Dated: February 22, 1999 192 193 Case # 21 MCALINDIN v. COUNTY OF SAN DIEGO RICHARD MCALINDIN, Plaintiff-Appellant, v. COUNTY OF SAN DIEGO;
RUDOLPH TAMAYO; EDWARD BAKER; GABRIEL RODRIGUEZ; DOES, one
through 50, inclusive, Defendants-Appellees.
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
192 F.3d 1226; 1999 U.S. App. LEXIS 22352; 99 Cal. Daily Op. Service 7668; 99 Daily
Journal DAR 9689; 9 Am. Disabilities Cas. (BNA) 1217
June 10, 1999, Argued and Submitted, Pasadena, California September 16, 1999, Filed
SUBSEQUENT HISTORY: [**1] As Amended on Denial of Rehearing January 18,
2000, Reported at: 2000 U.S. App. LEXIS 587.
Certiorari Denied June 19, 2000, Reported at: 2000 U.S. LEXIS 4187.
PRIOR HISTORY: Appeal from the United States District Court for the Southern District
of California. D.C. No. CV-94-01453-JTM/RBB. Jeffrey T. Miller, District Judge,
DISPOSITION: REVERSED the district court's grant of summary judgment on the ADA
claim and AFFIRMED the grant of summary judgment on the retaliation claim.
COUNSEL: Dennis M. Grady, Grady & Associates, San Diego, California, for the
Lloyd M. Harmon and William H. Songer, Office of the County Counsel, San Diego,
California, for the defendants-appellees.
JUDGES: Before: Dorothy W. Nelson, Stephen Reinhardt, and Stephen S. Trott, Circuit
Judges. Opinion by Judge D.W. Nelson; Partial Concurrence and Partial Dissent by Judge
OPINIONBY: DOROTHY W. NELSON
OPINION: [*1230] OPINION
D.W. NELSON, Circuit Judge: 194 OVERVIEW
Richard McAlindin, who has been diagnosed as suffering from anxiety disorders, panic
disorders, and somatoform disorders, n1 appeals the district court's grant of summary
judgment on his Americans with Disabilities Act ("ADA") claim. McAlindin also appeals
the district court's grant of summary judgment on his claim that the County of San Diego
("the County") retaliated against him for asserting his rights under [**2] the ADA. We
hold that sleeping, engaging in sexual relations, and interacting wit...
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