United States Ninth Circuit

In a claim under the Whistleblower Protection Act (WPA) brought against plaintiff's former employer, the U.S. Fish and Wildlife Service, based on plaintiff’s failure to present the WPA claim to the Merit Systems Protection Board, the District Court's dismissal for lack of jurisdiction is affirmed where: 1) the statutory scheme governing the Civil Service Reform Act and the WPA did not authorize plaintiff to file her WPA claim in district court without first presenting it to the Merit Systems Protection Board; and 2) the district court lacked jurisdiction over plaintiff's WPA claim because the Merit Systems Protection Board provides the exclusive avenue for obtaining judicial review of a WPA claim.

Appellate Information

• Published 2016/09/06

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel