U.S. Court of Appeals for the Ninth Circuit, 2010

Anthony Chrisanthis v. Brian Cason

Anthony Chrisanthis v. Brian Cason
U.S. Court of Appeals for the Ninth Circuit · Decided June 7, 2010 · Canby, Thomas, Fletcher
382 F. App'x 567

Anthony Chrisanthis v. Brian Cason

Opinion

MEMORANDUM **

Anthony Chrisanthis appeals from the district court’s judgment dismissing his action alleging that defendants retaliated against him for reporting unsafe workplace conditions in violation of the Federal Tort Claims Act (“FTCA”) and other laws. We have jurisdiction under 28 U.S.C. § 1291. *568 We review de novo, Mangano v. United States, 529 F.3d 1243, 1245 n. 2 (9th Cir. 2008), and we affirm.

The district court properly dismissed Chrisanthis’s FTCA claims because defendants’ alleged retaliatory conduct fell within the scope of the Civil Service Reform Act’s prohibited personnel practices, and thus his claims were preempted. See id. at 1246.

We do not consider issues that were not raised in Chrisanthis’s opening brief. See Friends of Yosemite Valley v. Kempthorne, 520 F.3d 1024, 1033 (9th Cir. 2008) (arguments not raised by a party in the opening brief are deemed abandoned).

Chrisanthis’s contention regarding the U.S. Attorney’s Office’s representation of defendants Cason and Spivey is unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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