Louis

Louis v. U.S. Dept. of Labor

Good Law
19 F. App'x 487
United States Court of Appeals for the Ninth CircuitJuly 17, 2001No. 99-36092; D.C. No. CV-99-05195-FDBCalifornia887 words

Opinion

Lead Opinion

MEMORANDUM **

In Counts 1 and 2 of his complaint, Appellant seeks to force the Department of Labor (“DOL”) to amend its November 15, 1994 decision denying his claim for FECA benefits, deleting any references to the original Rajachar Memo (“Rajachar I”) and the partially redacted Rajachar Memo (“Rajachar III”). The federal courts lack jurisdiction to order such an amendment of a DOL decision with respect to a FECA claim. 5 U.S.C. § 8128 (b). Thus, we must affirm the district court’s rejection of these claims.

Count 3 of the complaint alleges the DOL violated the Privacy Act by impermissibly relying on Rajachar I in denying Louis’ request for reconsideration of its earlier decision. See 5 U.S.C. § 552a(g)(l)(C). The November 15, 1994 decision relied in large part on Rajachar I in reaching its conclusion that denial of Louis’ FECA claim was warranted. In its denial of Louis’ request for reconsideration, the DOL stated, “All information received was cumulative in nature, and reiterated argument and evidence already carefully considered in the ... decision of November 15,1994.” The DOL’s rationale for its subsequent decision thus indicates that it considered the entirety of the prior…

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.