Burnett

Burnett v. U.S. Department of Justice

Good Law
213 F. App'x 526
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 04-56814California497 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Harry A. Burnett, a forensic chemist employed by the United States Drug Enforcement Agency (“DEA”), filed a complaint against the DEA and other government defendants claiming violations of his rights under the Privacy Act of 1974, 5 U.S.C. § 552a; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a); and the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12203 (a) 6 (b). The district court granted summary judgment to Defendants on all claims. We review de novo a district court’s decision to grant summary judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004).

1. Before the present case commenced, Plaintiff filed an Equal Employment Opportunity (“EEO”) complaint against the DEA alleging employment discrimination. An administrative judge issued an opinion denying Plaintiffs claim, based in part on a finding that Plaintiffs testimony was not credible. The DEA disclosed the administrative judge’s decision to the United States Attorney’s Office (“USAO”), for which Plaintiff testified as an expert witness as part of his job duties, in response to the USAO’s Giglio Policy. See Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 ,…

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