Bloeser v. Durbin
Bloeser v. Durbin
Opinion of the Court
MEMORANDUM
Carl Hugh Bloeser appeals the judgment of the district court granting the motion to dismiss filed by the United States, Dale Prescott Durbin, the United States Army and the Acting Secretary of the Army (collectively, the “defendants”), which the district court treated as a motion for summary judgment. The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary.
I
Bloeser argues that the district court’s grant of summary judgment to the defendants was in error, because the district court granted the motion before it afforded him adequate access to discovery. He argues that the district court denied him access to discovery when it failed to acknowledge that the Army’s off-base surveillance of him violated the Posse Comita-tus Act (“PCA”), 18 U.S.C. § 1385.
A party seeking to invoke the crime-fraud exception must establish “reasonable cause to believe that the attorney’s services were utilized in furtherance of the ongoing unlawful scheme.” United States
Similarly, Bloeser’s contention that he stated a viable claim of illegal surveillance under Laird v. Tatum, 408 U.S. 1, 92 S.Ct. 2318, 33 L.Ed.2d 154 (1972), must fail. In Laird, the Supreme Court held that plaintiffs who did not claim “specific present objective harm or a threat of specific future harm” did not have standing to challenge Army intelligence-gathering practices. Id. at 13-14. Like the plaintiffs in Laird, Bloeser failed to demonstrate how the alleged surveillance of him caused present objective harm, or how it posed a threat of specific future harm. He cannot rely on Laird to establish the reasonable cause needed to invoke the crime-fraud exception.
II
Bloeser also argues that the district court committed reversible error when it denied his motions to compel discovery and his motions for discovery sanctions. Bloeser argues that when the district court denied these motions, it prevented him from obtaining ten categories of evidence, but on appeal, Bloeser does not contest the district court’s rulings pertinent to these categories of evidence. Instead, he argues that he was unable to find the specific evidence he was looking for because the government files made available to him were voluminous. Bloeser raised this objection below, and the district court ruled that the defendants complied with Bloeser’s discovery requests to the extent practicable. A district court has “wide latitude in controlling discovery, and its rulings will not be overturned in the absence of a clear abuse of discretion.” Volk v.. V.A. Davison & Co., 816 F.2d 1406, 1417 (9th Cir. 1987). In light of Bloeser’s failure to explain how any of the district court’s evidentiary rulings were erroneous, we cannot conclude that the district court committed a clear abuse of discretion when it denied his discovery motions.
III
Bloeser also argues that the district court denied him access to relevant evidence when it allowed a single government lawyer to represent Durbin, as well as the other defendants. The district court rejected Bloeser’s contention that this dual representation created a conflict of interest, or that the arrangement unlawfully blocked Bloeser’s access to evidence. On appeal, Bloeser does not provide any legal authority to support his argument that this arrangement was unlawful, and we conclude that the district court did not abuse its discretion when it permitted the same government lawyer to represent all of the defendants.
IV
Bloeser’s final argument is that the district court improperly granted summary judgment to the defendants on his Rehabilitation Act discrimination claim. Specifically, he argues that the court should have applied the continuing violation doctrine when it determined that he did not meet the deadline for presenting a complaint to the Fort Huachuca equal opportunity office. A plaintiff must exhaust his administrative remedies before filing a lawsuit asserting a Rehabilitation Act
The district court properly granted summary judgment to the defendants on Bloeser’s Rehabilitation Act claim, and it correctly concluded that he could not benefit from the continuing violation doctrine.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. “The PCA prohibits Army and Air Force military personnel from participating in civilian law enforcement activities." United States v. Chon, 210 F.3d 990, 993 (9th Cir. 2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.