Bosse

Bosse v. Napolitano

Good Law
337 F. App'x 633
United States Court of Appeals for the Ninth CircuitJune 16, 2009No. 08-35482California1,184 words

Opinion

Lead Opinion

*635 MEMORANDUM **

Former Immigration and Naturalization Service (“INS”) employee Donald Bosse appeals the district court’s summary judgment in favor of the government in his disability discrimination lawsuit, which arose out of the INS’s issuance and enforcement of a Leave Restriction Letter (“the Letter”). The district court found that Bosse failed to exhaust administrative remedies with respect to his several claims of disability discrimination and, alternatively, that Bosse failed to prove disability or rebut the government’s non-pretextual reasons for taking adverse action against him. The district court also denied Bosse’s motion for summary judgment; denied Bosse’s motion to strike several affidavits; awarded costs to the government; and dismissed Bosse’s supplemental state law breach of contract and promissory estoppel claims. Bosse appeals all these decisions. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court in all respects.

I. Bosse’s Non-termination Claims

The district court properly determined that Bosse failed to administratively exhaust his claims that INS supervisors made offensive statements, placed him on AWOL status and…

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