936 F2d 579 Nisperos v. McNary
936 F.2d 579
Unpublished Disposition
Mike A. NISPEROS, Jr., Plaintiff-Appellee,
v.
Gene McNARY, in his capacity as Commissioner of the
Immigration and Naturalization Service, Defendant-Appellant.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
No. 90-15639.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted June 10, 1991.
Decided June 27, 1991.
MEMORANDUM*
Before CHAMBERS, BRUNETTI and RYMER, Circuit Judges
We affirm. On the record in this case, we cannot say that summary judgment is improper, because the INS presented no policy or other substantial evidence that raised a genuine issue of fact as to whether freedom from drug use rendered Nisperos unqualified for his job as an INS attorney. We do not decide, however, whether in any other case a government attorney who has used drugs might not be qualified to work on drug-related matters.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3