Donahue

Lance McDermott v. Donahue

Good Law
517 F. App'x 540
United States Court of Appeals for the Ninth CircuitApril 23, 201311-35771California315 words

Opinion

Opinion

MEMORANDUM

Lance McDermott appeals pro se from the district court’s judgment dismissing his action alleging that defendants violated various federal laws in connection with the investigation and discharge of a United States Postal Service (“USPS”) co-worker he represented as a union steward. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156 (9th Cir.2007). We may affirm on any basis supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

Dismissal of McDermott’s claims against the USPS was proper because McDermott failed to identify any source of substantive law providing an avenue for relief against the USPS. See Currier v. Potter, 379 F.3d 716, 724 (9th Cir.2004) (USPS is only amenable to suit if there has been a waiver of sovereign immunity and the source of substantive law on which the claimant relies provides an avenue for relief).

The district court properly dismissed McDermott’s claims against Inspector Vanicek on the basis of qualified immunity because McDermott failed to allege facts demonstrating that Vanicek violated his constitutional rights.…

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