DeHerrera v. West

51 F.3d 279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David DeHERRERA, on his own behalf and on behalf of all others similarly situated, Plaintiff-Appellant, v. Togo D. WEST, Jr., * in his official capacity as Secretary of the Army, Defendant-Appellee. No. 93-17009. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 16, 1995. Decided March 28, 1995. Before: GOODWIN, CANBY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 David DeHerrera, a civil service employee of the U.S. Army, sued the Secretary of the Army for violating his rights under Title VII's prohibition against discrimination on the basis of national origin (Hispanic-American) when it neither promoted him nor nominated him for advanced training. He appeals a summary judgment for the Secretary. We affirm. 3 DeHerrera established a prima facie case of discrimination by showing that he was qualified for a promotion from Information Management Specialist (GS-13) to Information Systems…