Hodge

Hodge v. Dalton

Good Law
107 F.3d 705·97 Daily Journal DAR 1713·1997 WL 66508·69 Empl. Prac. Dec. (CCH) 44,523·73 Fair Empl. Prac. Cas. (BNA) 269
United States Court of Appeals for the Ninth CircuitFebruary 19, 1997No. 95-16036California3,595 words

Opinion

Lead Opinion

Nelson, J.

OVERVIEW

Plaintiff/appellant W.L. Hodge filed an action in federal district court seeking declaratory and mandamus relief against defendant/appellee John Dalton in his official capacity as Secretary of the Navy. Specifically, Hodge sought to compel defendant Dalton to process his formal complaint of racial discrimination in accordance with established procedures of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e (“the Act” or “Title VII”), and appropriate federal regulations. The district court dismissed the action, finding that it lacked jurisdiction over the matter. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTS AND PROCEDURAL HISTORY

The facts of this case are not in dispute. Hodge is an active-duty service member in the United States Marine Corps. He is currently assigned to duty at Camp H.M. Smith, Marine Corps Base Hawaii, on the island of Oahu, Hawaii, in postal operations. In addition to his military assignment, Hodge worked as a duty manager during his off-duty hours at the United States Marine Corps Base enlisted club at Kaneohe, Hawaii. The enlisted club is an entity within the base’s Morale, Welfare and Recreation…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.