Terrence Queen v. Albertson's, Inc.

53 F.3d 339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terrence QUEEN, Plaintiff-Appellant, v. ALBERTSON'S, INC., Defendant-Appellee. No. 93-56677. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 3, 1995. Decided April 14, 1995. 1 Before: D.W. NELSON and CANBY, Circuit Judges, and TANNER * District Judge 2 MEMORANDUM ** 3 Terrence Queen brought this action against Albertson's, Inc., alleging racial discrimination in violation of 42 U.S.C. Sec. 1981 and the California Fair Employment and Housing Act. The district court dismissed his complaint, without leave to amend, pursuant to Fed.R.Civ.P. 12(b)(6). We reverse the district court's dismissal of Queen's action. 4 The district court erred in dismissing Queen's complaint on the ground that Queen waived his right to assert federal and state employment discrimination claims when he entered into a 1990 grievance settlement. It is true that Queen alleged a settlement of all of his claims cognizable…