Loera

Loera v. County of Imperial

Good Law
256 F. App'x 961
United States Court of Appeals for the Ninth CircuitNovember 27, 2007Nos. 06-55438, 06-56116California852 words

Opinion

Lead Opinion

MEMORANDUM **

Jesse Loera appeals the district court orders granting summary judgment and awarding attorneys’ fees to the Imperial County Sheriffs Department and the County of Imperial (collectively, the “County”). Loera was terminated from his position as a Deputy Sheriff after he was found to have sexually harassed a fellow County employee. Loera unsuccessfully challenged the County’s decision to terminate him before the County’s administrative review board. Instead of seeking review of the administrative *963 board’s decision in state court under California Code of Civil Procedure § 1094.5, Loera brought the present action under federal and state anti-discrimination laws against the County in federal court, alleging his termination was retaliatory, on account of him being a Mexican-American, and on account of a disability. The district court granted the County summary judgment and awarded the County attorneys’ fees and costs. Loera brought this appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Loera correctly concedes his failure to seek state judicial review of the administrative board’s finding by administrative mandamus action, Cal.Civ.Proc.Code §…

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