John D. Morris v. Constance Berry Newman, Director, Office of Personnel Management James J. Jura, Administrator, Bonneville Power Administration

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John D. MORRIS, Plaintiff-Appellant, v. Constance Berry NEWMAN, Director, Office of Personnel Management; James J. Jura, Administrator, Bonneville Power Administration, Defendants-Appellees. No. 93-35705. United States Court of Appeals, Ninth Circuit. Argued Submission Deferred May 4, 1995. Resubmitted May 22, 1995. Decided Sept. 26, 1995. Before: BROWNING, REAVLEY, * and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 John D. Morris sued the Bonneville Power Administration (BPA) under the Rehabilitation Act for discrimination based on his record of mental impairment. He also sued the BPA under the Administrative Procedures Act, contending that the BPA did not accord him the appropriate preference, as a formerly disabled veteran, required under 5 U.S.C. Secs. 1302 (b), 2108 and 3309. The district court denied relief under the Rehabilitation Act, but held that the BPA did not accord Morris the appropriate preference…