Veneman

Western Radio Services Co. v. Veneman

Good Law
100 F. App'x 649
United States Court of Appeals for the Ninth CircuitMay 25, 2004No. 02-36138; D.C. No. CV-01-06240-HOCalifornia744 words

Opinion

Lead Opinion

MEMORANDUM *

Western Radio Services Co., Inc. and Richard Lee Oberdorfer appeal the district court’s judgment in their action pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). We have jurisdiction pursuant to 28 U.S.C. § 1291 . For the reasons set forth below, we affirm in part and reverse and remand in part. As the parties are familiar with the facts, we do not recount them here except as necessary.

Western Radio first argues that the district court erred in dismissing the majority of its claims on statute of limitations grounds. We disagree. National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 , 122 S.Ct. 2061 , 153 L.Ed.2d 106 (2002), forecloses application of the continuing violation doctrine in cases alleging a number of separate discriminatory actions. Western Radio’s allegations are more in the nature of a series of discrete acts than a hostile work environment case, in which the violations cannot be said to occur on any particular days.

Western Radio next argues that the district court erred in dismissing for failure to state a claim those claims falling within the statute of limitations. As to the claims concerning…

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