Janetra Johnson v. Departement of the Army and Ai

Good Law
465 F. App'x 644
United States Court of Appeals for the Ninth CircuitJanuary 6, 201210-16450California589 words

Opinion

Opinion

MEMORANDUM

Janetra Johnson appeals pro se from the district court’s judgment dismissing her action arising out of her dual status military and civilian employment with the National Guard and the United States Air Force Reserve. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both a district court’s dismissal under the Feres intra-military immunity doctrine, Jackson v. United States, 110 F.3d 1484, 1486 (9th Cir.1997), and a dismissal for failure to state a claim, Webb v. Smart Document Solutions, LLC, 499 F.3d 1078, 1082 (9th Cir.2007). We affirm.

The district properly dismissed Johnson’s employment discrimination and tort claims as precluded by the Feres intra-military immunity doctrine. See Zuress v. Donley, 606 F.3d 1249, 1250, 1252-55 (9th Cir.2010) (noting that Feres doctrine applies “whenever a legal action would require a civilian court to examine decisions regarding management, discipline, supervision, and control of members of the armed forces of the United States[,]” and affirming that Feres doctrine precluded dual status military and civilian employee’s Title VII claims (citation and internal quotation marks omitted)); Stauber v. Cline, 837 F.2d 395,…

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