Robinson
Robinson v. Bodman
Opinion
Lead Opinion
MEMORANDUM *
Marilyn A. Robinson, an employee of a federal agency, the Bonneville Power Administration (“BPA”), appeals the district court’s grant of summary judgment in favor of her employer and denial of Robinson’s cross-motion for partial summary judgment.
The BPA’s motion to dismiss this appeal for lack of jurisdiction is denied. This court has jurisdiction because this is an appeal from a final judgment. 28 U.S.C. § 1291 . The district court, however, did not have subject matter jurisdiction because Robinson pleaded allegations only under section 504 of the Rehabilitation Act, codified at 29 U.S.C. § 794 , which does not confer a private cause of action for federal employees suing a federal agency. Boyd v. United States Postal Service, 752 F.2d 410, 413 (9th Cir.1985). The BPA moves for this court to vacate the judgment below and remand so that the district court can decide whether Robinson should be allowed to plead her case under sections 501 and 505 of the Rehabilitation Act, codified at 29 U.S.C. §§ 791 and 794a, instead of section 504. Alternatively, the BPA states it is agreeable to an amendment of Robinson’s pleading under 28 U.S.C. § 1653 .