Jeanette Garcia v. United States of America United States Navy

77 F.3d 488 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jeanette GARCIA, Plaintiff-Appellant, v. UNITED STATES of America; United States Navy, Defendants-Appellees. No. 95-55292. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Jeannette Garcia appeals the district court's dismissal of her claim for negligent and intentional infliction of emotional distress under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2674 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand. 3 In her complaint, Garcia alleged that Jimmy Romero, her husband's supervisor at the Naval Facilities Engineering Service Center at Port Hueneme, California, made sexually-demeaning comments to Garcia which caused her severe emotional distress. 1 Specifically, Garcia alleged that Romero sexually propositioned Garcia on several…