Lawrence

Lawrence v. Hawaii Air National Guard

Good Law
126 F. App'x 835
United States Court of Appeals for the Ninth CircuitMarch 21, 2005No. 02-16858California1,004 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Alphonzo Lawrence appeals the district court’s grant of motions to dismiss and for summary judgment to defendants the United States Air Force, the Secretary of the Air Force (collectively the “Air Force”), the Hawaii Air National Guard (“HIANG”), and Major General Edward Correa, TAG HIANG Commanding General, in his official capacity only, dismissing his claims alleging race discrimination in employment. Lawrence sought damages and injunctive relief against defendants pursuant to Title VII (42 U.S.C. §§ 2000e-2000h-6), 42 U.S.C. §§ (“Sections”) 1981, 1982, 1983, 1985, and 1986, and the Hawaii Equal Employment Opportunity Act (Hawaii Revised Statutes (“HRS”) § 378).

1. Non-Title VII Claims Against the Air Force

As a National Guard Technician, Lawrence was “an employee of ... the Department of the Air Force ... and an employee of the United States.” 32 U.S.C. § 709 (e). Thus, Lawrence was considered a federal employee. Title VII “provides the exclusive judicial remedy for claims of discrimination in federal employment.” Brown v. Gen. Servs. Admin., 425 U.S. 820, 835 , 96 S.Ct. 1961 , 48 L.Ed.2d 402 (1976). Because Lawrence’s non-Title VII claims against the…

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