Ronald Mahtesian v. Benny Lee, Ronald Mahtesian v. Helen Wong

Good Law
406 F.3d 1131·2005 WL 1088930·2005 U.S. App. LEXIS 8123
United States Court of Appeals for the Ninth CircuitMay 10, 200504-15093, 04-15094California961 words

Opinion

Opinion

Noonan, J.

Ronald Mahtesian appeals the district court’s order of November 14, 2003 dismissing for lack of subject matter jurisdiction his complaint against Benny Lee and Helen Wong. The question presented is whether the alleged wrongful actions of Lee and Wong fall within the ambit of the Civil Service Reform Act (CSRA) (codified in various sections of 5 U.S.C.). Holding that the alleged tortious conduct is within the CSRA’s confines, we affirm.

FACTS

In January 2001, Mahtesian applied for a promotion to become a supervisory auditor at the Department of Treasury, in the Office of the Inspector General, San Francisco Regional Office (Treasury). Mahte-sian had spent the last six years as an auditor for the Department of Justice, in the Office of the Inspector General, in San Bruno, California (Justice). In October 2001, he was offered the position at Treasury subject to successful completion of a background investigation.

Background investigators interviewed among others Helen Wong, a former coworker of Mahtesian at Justice who had transferred to Treasury in March 2001. Wong’s statements were highly critical. Mahtesian alleges they were false.

Benny Lee, an Audit Manager at…

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