Shepard

Shepard v. Winter

Good Law
327 F. App'x 691
United States Court of Appeals for the Ninth CircuitApril 30, 2009No. 07-35926California691 words

Opinion

Lead Opinion

*693 MEMORANDUM **

Plaintiff Lana Shepard appeals the district court’s dismissal of her claims of discrimination based on retaliation and disability and of intentional infliction of emotional distress against Defendant Donald Winter, Secretary of the Navy. Shepard was employed as a Medical Support Assistant in the General Surgery Clinic at Naval Hospital Bremerton. She asserts she was transferred from that position to a position in Outpatient Records in retaliation for her prior filing of an Equal Employment Opportunity complaint and on the basis of her disability resulting from carpal tunnel syndrome. She additionally claims the transfer caused her severe emotional distress. The district court dismissed all of Shepard’s claims at summary judgment, which Shepard asserts was error. We review the grant of summary judgment de novo and affirm. See Johnson v. Henderson, 314 F.3d 409, 413 (9th Cir.2002).

The district court properly determined that Shepard failed to administratively exhaust her federal discrimination claims. A federal employee must exhaust her available administrative remedies prior to bringing a discrimination claim in federal court under either Title VII of the Civil…

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