Clemente

Clemente v. United States

Good Law
568 F. Supp. 1150·36 Fair Empl. Prac. Cas. (BNA) 1716·1983 U.S. Dist. LEXIS 14637
United States District Court, Central District of CaliforniaAugust 12, 1983CV 80-5746-AAHCalifornia11,042 words

Opinion

Opinion

Hauk, J.

DECISION

This matter came on for nonjury trial on May 23, 1983, and continued thereafter for 19 days until June 21, 1983, whereupon argument was heard. Thereafter, the Court took the matter under consideration and submission.

Plaintiff is a White Caucasion citizen of the United States who, at all times herein mentioned, was and now is employed as a General Schedule (hereafter “GS”) civil service employee at Vandenberg Air Force Base, California. Her positions have been primarily in the computer and data automation fields. By this action plaintiff seeks two types of relief: First, equitable relief flowing from alleged employment discrimination based on race in connection with a reduction in force (hereafter “RIF”) that was effective on July 17, 1977. It is also alleged that reprisal discrimination occurred as a result of the- filing of a “RIF” appeal. These claims are brought under 42 U.S.C. § 2000e-16 (Title VII of the Civil Rights Act of 1964, as amended) and 28 U.S.C. § 1331 .

Secondly, and in addition to the above claims, plaintiff contends that she is entitled to damages for the alleged violation of her constitutional right to due process arising out of the defendants’…

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