United States Ninth Circuit

In a 42 U.S.C. section 1983 action brought by a city property manager against defendants-city and city manager alleging a due process violation stemming from his lay off, partial summary judgment for plaintiff and defendants is affirmed where the district court did not err in finding that: 1) plaintiff's procedural due process rights were violated and that he was entitled to a full evidentiary hearing before a neutral third-party; and 2) the city manager was not personally liable based on qualified immunity and the city was not liable as a municipality.

Appellate Information

• Argued 01/16/2008
• Decided 05/13/2008
• Published 05/13/2008

Judges

• HUG, Circuit Judge:, Before:  PROCTER HUG, JR., MARY M. SCHROEDER, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Roger A. Carnagey, Oakland, CA, for the plaintiff-appellant/cross-appellee., Linda A. Tripoli, Tiburon, CA, for the defendants-appellees/cross-appellants.