Legal Opinion

Dennis C. Barsten v. Department of the Interior

Court of Appeals for the Ninth Circuit

Decided February 21, 1990No. 88-1927PublishedCited by 37 opinions

1Opinion of the Court

CANBY, Circuit Judge:

Appellant Dennis C. Barsten brought this action under the Rehabilitation Act, 29 U.S.C. § 794a(a)(l), alleging that he had been unlawfully terminated from employment at the Department of the Interior because of a physical handicap. The Department moved to dismiss for lack of subject matter jurisdiction because Barsten named the Department, rather than the Secretary, as defendant. The district court granted the Department’s motion, and Bar-sten appealed. We reverse and remand the case to the district court.

The Rehabilitation Act, 29 U.S.C. § 794a(a)(l), makes the rights,…

2Cases cited5 opinions

  1. United States v. A. H. Fischer Lumber Co.Court of Appeals for the Fourth Circuit · 1947
  2. Earl RICE, Plaintiff-Appellant, v. HAMILTON AIR FORCE BASE COMMISSARY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1983
  3. Karen A. Cooper v. U.S. Postal ServiceCourt of Appeals for the Ninth Circuit · 1984
  4. Jimmy Dale Lofton, in Pro Se v. Margaret M. Heckler, as Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1986
  5. Timothy v. Hymen v. Merit Systems Protection BoardCourt of Appeals for the Ninth Circuit · 1986

3Cited by37 opinions

  1. Phillips v. General Motors CorporationCourt of Appeals for the Ninth Circuit · 2002
  2. Ceara v. DeaconCourt of Appeals for the Second Circuit · 2019
  3. Al-Haramain Islamic Foundation, Inc. v. BushCourt of Appeals for the Ninth Circuit · 2007
  4. Phillips v. General Motors Corp.Court of Appeals for the Ninth Circuit · 2002
  5. Mark Morrel Ruth Morrel v. Nationwide Mutual Fire Insurance CompanyCourt of Appeals for the Fourth Circuit · 1999

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