Philip L. Stimac v. William P. Barr John Palomino California Department of Education

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Philip L. STIMAC, Plaintiff-Appellant, v. William P. BARR; John Palomino; California Department of Education, et al., Defendants-Appellees. No. 93-15106. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1993. * Decided Nov. 23, 1993. 1 Before: CHOY, GOODWIN, and SKOPIL, Circuit Judges 2 MEMORANDUM ** 3 Philip Stimac appeals the district court's dismissal of his civil rights claims and summary judgment in favor of defendants on his Freedom of Information Act (FOIA) claim. We affirm. A. Civil Rights Claims 4 Stimac's claims under 20 U.S.C. Sec. 1681 (Title IX) and 29 U.S.C. Sec. 794 (Section 504), stem from alleged discriminatory actions taken by parties other than the defendants in this case. These claims rest on the theory that a plaintiff alleging discrimination by a recipient of federal funds has an action against a federal agency charged with investigating complaints if that agency fails to…