Otis Tolbert v. H. Lawrence Garrett, Iii, Secretary of the Dept. Of the Navy

996 F.2d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Otis TOLBERT, Plaintiff-Appellant, v. H. Lawrence GARRETT, III, Secretary of the Dept. of the Navy, Defendant-Appellee. No. 92-15062. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 18, 1993. Decided June 29, 1993. 1 Before: NORRIS, RYMER, Circuit Judges and TAYLOR, District Judge * . 2 MEMORANDUM ** 3 Appellant in this case sued the Navy for civil rights violations under 42 U.S.C. § 717 (c), only to see his claim defeated on summary judgment on the ground that a settlement agreement blocked his suit. Because there is an unresolved issue of material fact, namely whether the Navy materially breached the settlement agreement, we vacate and remand. 4 In Arnold v. United States, 816 F.2d 1306 (9th Cir.1987), we said: 5 Normally if a party enters into a settlement agreement knowingly and voluntarily, the agreement is treated as a binding contract and the party is precluded from raising…