Vanderford

Vanderford v. United States

Good Law
67 F. App'x 484
United States Court of Appeals for the Ninth CircuitJune 18, 2003No. 02-56358California285 words

Opinion

Lead Opinion

MEMORANDUM **

Kenneth W.E. Vanderford appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging race discrimination, disability discrimination, and due process violations. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. See Coszalter v. City of Salem, 320 F.3d 968, 973 (9th Cir.2003), and we affirm.

*485 The district court properly dismissed Vanderford’s claims against the Merit Systems Protection Board judges based on judicial immunity. See Stump v. Sparkman, 435 U.S. 349, 356-57 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978).

The district court properly dismissed Vanderford’s equal protection and due process claims in the first amended complaint because Title VII and similar federal statutes provide the exclusive remedies for employment discrimination claims. See Brown v. Gen. Servs. Admin., 425 U.S. 820, 825 , 96 S.Ct. 1961 , 48 L.Ed.2d 402 (1976).

Because Vanderford’s second amended complaint failed to state a claim under Title VII or the Americans with Disabilities Act, the district court properly dismissed without leave to amend. See Chang v. Chen, 80 F.3d 1293, 1296 (9th Cir.1996).

The district court did…

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