Frank Sanders v. Secretary of the Treasury

5 F.3d 539 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank SANDERS, Plaintiff-Appellee, v. SECRETARY OF THE TREASURY, Defendant-Appellant. No. 92-15485. United States Court of Appeals, Ninth Circuit. Submitted Sept. 2, 1993. * Decided Sept. 7, 1993. 1 Appeal from the United States District Court for the Eastern District of California; No. CV-89-00719-JFM, John F. Moulds, Magistrate, Presiding. 2 E.D.Cal. 3 AFFIRMED. 4 Before: D.W. NELSON, and NORRIS, Circuit Judges; and TANNER, District Judge ** . 5 MEMORANDUM *** 6 Frank Sanders, a black male, is a retired Special Agent of the Bureau of Alcohol, Tobacco and Firearms ("ATF"), an agency of the Department of the Treasury. Sanders brought a discrimination suit against the ATF alleging that the severity of disciplinary action taken against him for an infraction, fourteen days suspension, was based on age and race discrimination and was in retaliation for protected activities. 7 In 1987 while Sanders was still an ATF…