Johnson v. North Idaho College

MEMORANDUM **

Victoria Johnson appeals two rulings by the district court in favor of the defendants, North Idaho College (NIC) and one of its former instructors, Donald Friis. We have jurisdiction pursuant to 28 U.S.C. § 1291 . For the following reasons, we affirm in part and reverse in part.

We review de novo a district court’s decision to grant a motion to dismiss for lack of subject matter jurisdiction, as well as its decision to grant summary judgment. See Amerco v. N.L.R.B., 458 F.3d 883 , 886 (9th Cir.2006); Dreiling v. America Online, Inc., 578 F.3d 995, 1000-01 (9th Cir.2009).

The district court properly granted the motion to dismiss Johnson’s state law tort claims against NIC. Johnson’s complaint to the Idaho Human Rights Commission satisfied the Idaho Tort Claims Act’s notice requirement only with respect ■ to claims “arising under” the Idaho Human Rights Act (“IHRA”), i.e., her gender discrimination and sexual harassment claims. See Idaho Code § 67 -5907A. Johnson’s other tort claims, including those for assault, battery, negligent and intentional infliction of emotional distress, and negligent supervision, hiring, and retention, do not arise under the IHRA.…