Abdulhalim Ali v. Robert Rogers

Good Law
780 F.3d 1229·2015 WL 1259627·126 Fair Empl. Prac. Cas. (BNA) 935·2015 A.M.C. 979·2015 U.S. App. LEXIS 4435
United States Court of Appeals for the Ninth CircuitMarch 19, 201513-15145California3,459 words

Opinion

Opinion

Silverman, J.

Abdulhalim Ali was a seaman aboard a tanker ship owned by the United States Maritime Administration, an agency of the federal government, but operated by a private company under a contract. At all material times, the ship was in navigable water. Ali alleges that the human resources director of the company operating the ship ordered the ship’s captain to fire him because, he is of Yemeni origin. Ali brought a civil rights lawsuit naming as defendants the H.R. director and the captain of the ship, but not the United States. We hold today, as the district court did, that the conduct complained of had such a sufficient maritime connection that the plaintiffs complaint includes at least one claim that could have been brought as a “civil action in admiralty” against the private wrongdoers, and therefore, pursuant to the Suits in Admiralty Act and the Public Vessels Act, should have been brought against the United States. These statutes, which are analogous to the Federal Torts Claim Act, waive the government’s sovereign immunity in admiralty actions involving U.S. government-owned vessels, and in doing so provide the exclusive remedy for such actions. Because Abdulhalim Ali…

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