Pink

Pink v. Modoc Indian Health Project, Inc.

Good Law
157 F.3d 1185·98 Daily Journal DAR 10579·1998 WL 685924·74 Empl. Prac. Dec. (CCH) 45,594·86 Fair Empl. Prac. Cas. (BNA) 618
United States Court of Appeals for the Ninth CircuitOctober 6, 1998No. 96-15923California1,691 words

Opinion

Lead Opinion

Sneed, J.

Rosemarie Pink (“Pink”) appeals the district court’s judgment dismissing her Complaint for lack of subject matter jurisdiction. Pink brought suit against the Modoc Indian Health Project, Inc. (“Modoc”) (her former employer), Erin Forrest (“Forrest”) (her former supervisor), and Indian Health Services (“IHS”) (a federal agency), seeking damages for sexual harassment, gender, race, and national origin discrimination, and wrongful termination. We review de novo the district court’s dismissal for lack of subject matter jurisdiction, see Mobil Oil Corp. v. City of Long Beach, 772 F.2d 534, 538 (9th Cir.1985), and affirm.

I.

FACTS

Modoc is a nonprofit corporation created and controlled by the Alturas and Cedarville Rancherías, both federally recognized tribes. Modoc was “organized for charitable, educational, and scientific purposes and such other related purposes ... relative to the delivery of certain services pursuant to [the Indian Self-Determination Act].” IHS, an agency of the United States Department of Health and Human Services, awarded Modoc an Indian self-determination contract to provide health services to tribe members. See 25 U.S.C. § 1661 .

Pink, a Native American, was…

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