United States Ninth Circuit

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Ali v. Rogers, 13-15145

Plaintiff-seamen brought suit against defendants, the H.R. director and the captain of the ship. Plaintiff Abdhulhalim alleges that the H.R. director ordered the ship's captain to fire him because he is of Yemeni origin. Plaintiff Mohamed alleges that he was not hired by the same government-owned ship on the orders of the H.R. director because of his religion and his Yemeni national origin, violating both his constitutional rights and his union's collective bargaining agreement with the company. Dismissal of the complaint for lack of jurisdiction is affirmed, where: 1) Abdulhalim's complaint includes at least one claim that could have been brought as a "civil action in admiralty" against the private wrongdoers, and therefore, pursuant to the Suits in Admiralty Act and the Public Vessels Act, should have been brought against the United States rather than against the H.R. director; and 2) because Mohamed could have brought suit in admiralty for breach of the collective bargaining agreement relating to the crewing of the vessel, his exclusive remedy was against the United States.

Appellate Information

  • Decided 03/19/2015
  • Published 03/19/2015

Judges

  • Silverman

Court

  • United States Ninth Circuit

Counsel

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