39 Fair empl.prac.cas. 1754, 39 Empl. Prac. Dec. P 35,855 Mari Otto v. Margaret M. Heckler, Secy., Department of Health & Human Services, Howard Jacobson

781 F.2d 754 39 Fair Empl.Prac.Cas. 1754 , 39 Empl. Prac. Dec. P 35,855 Mari OTTO, Plaintiff-Appellant, v. Margaret M. HECKLER, Secy., Department of Health & Human Services, Defendant, Howard Jacobson, Defendant-Appellee. No. 84-6563. United States Court of Appeals, Ninth Circuit. Argued Oct. 10, 1985. Submitted Nov. 19, 1985. Decided Jan. 28, 1986. As Amended Oct. 14, 1986. Marc Coleman, Diane L. Middleton, P.C., San Pedro, Cal., for plaintiff-appellant. Wendy Kets, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before MERRILL, TANG, and BOOCHEVER, Circuit Judges. TANG, Circuit Judge. 1 Mari Otto, an employee of the Social Security Administration ("SSA"), appeals from an order dismissing her complaints alleging constitutional violations and common law torts committed by her supervisor in conjunction with acts of sexual harassment cognizable as sex discrimination claims under Title VII. Ms. Otto pursued her Title VII complaints in a class action suit settled at the EEOC level, and thus has exhausted her administrative remedies. This appeal raises novel legal questions of…