Curry

Curry v. Shinseki

Good Law
356 F. App'x 983
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 08-16380California717 words

Opinion

Lead Opinion

MEMORANDUM **

Louis Curry appeals the district court’s grant of summary judgment in favor of the Department of Veterans Affairs (“VA”) on his Title VII claims of racial discrimination, 42 U.S.C. § 2000e-16, and retaliation, 42 U.S.C. § 2000e-3. Curry has not exhausted his racial discrimination claim and some of his retaliation claims with the Equal Employment Opportunity Commission (“EEOC”) and has not offered sufficient evidence to raise a genuine issue of material fact on his remaining retaliation claim. We therefore vacate the district court’s grant of summary judgment on Curry’s unexhausted claims and order dismissal of these claims for lack of subject matter jurisdiction, and we affirm the grant of summary judgment on the exhausted retaliation claim.

1. In order to bring a Title VII claim in district court, a plaintiff must first exhaust administrative remedies. 42 U.S.C. § 2000e-16(c). “The district court has jurisdiction over any charges of discrimination that are like or reasonably related to the allegations in the EEOC charge, or that fall within the EEOC investigation which can reasonably be expected to grow out [of] the charge of discrimination.” Sommatino v. United…

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