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Jones v. US, No. 09-11239

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By FindLaw Staff on November 04, 2010 11:59 AM

Appeal from Denial of Designated Engineering Representative Certification by FAA

In Jones v. US, No. 09-11239, an action alleging that the FAA's denial of plaintiff's application to be a Designated Engineering Representative was retaliation for his Equal Employment Opportunity activity while employed at the FAA, the dismissal of the action is affirmed where the district court lacked subject matter jurisdiction because plaintiff's claims were inescapably intertwined with a challenge to the procedure and merits of a Federal Aviation Administrative (FAA) order.

As the court wrote:  "At issue is whether, under 49 U.S.C. § 46110(a), the district court had
subject-matter jurisdiction over Jones's retaliation claims brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and 42 U.S.C. § 1981. Because, under this court's precedent, his claims are inescapably intertwined with a challenge to the procedure and merits of a Federal Aviation Administrative (FAA) order, we hold that the district court lacked subject-matter jurisdiction. Accordingly, we AFFIRM the court's dismissal of Jones's claims."

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