PRICE PREVAILS IN NINTH CIRCUIT RACIAL DISCRIMINATION AND RETALIATION CASE

On August 3, 2021, the Ninth Circuit affirmed summary judgment in favor of the County of Orange and against the Plaintiff in a racial discrimination and retaliation action following briefing by Natalie Price. The County of Orange argued on appeal that the District Court erred in holding that there was no causal nexus between the Plaintiff’s “protected activities” and the County’s adverse actions against her and that the District Court further erred when it denied her motion to enlarge time to conduct discovery and denied her motion to tax costs. The unanimous opinion adopted all of the arguments that Ms. Price advanced, including that the record did not support the Plaintiff’s contention that she was selected to work a mandatory overtime shift on account of her previous lawsuit against the County or that she was terminated on account of her previous lawsuit or “verbal protects” regarding the mandatory overtime shift assignment. The Ninth Circuit further agreed that the District Court did not abuse its discretion in refusing to re-open discovery and that Plaintiff waived her right to appellate review of the imposition of costs.

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