Summary
finding that issuance of written warnings, a notice of disciplinary action, and decision to discipline Plaintiff by suspending him even though it was never implemented, among other actions, were adverse employment actions
Summary of this case from Rossy v. City of BishopOpinion
No. 05-17342.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 8, 2007.
Alan Konig, San Francisco, CA, pro se.
Michael Loewenfeldt, Kerr Wagstaffe LLP, Heather A. Irwin, Esq., The State Bar of California Office of the General Counsel, San Francisco, CA, for Defendants-Appellees.
Appeal from the United States District Court for the Northern District of California; Martin J. Jenkins, District Judge, Presiding. D.C. No. CV 04-2210 MJJ.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Alan Konig brought an action in U.S. District Court against the State Bar of California and four of its employees in their individual and official capacities, claiming violation of his civil rights under 42 U.S.C. § 1983 and asserting state law causes of action for retaliation under California Labor Code §§ 1102.5, et seq., California Government Code §§ 9149.20, et seq., and under the common law doctrine established pursuant to the California Supreme Court's decision in Tameny v. Atlantic Richfield Co., 27 Cal.3d 167, 164 Cal.Rptr. 839, 610 P.2d 1330 (1980). The district court dismissed all causes of action against the State Bar and the defendants in their official capacities based on Eleventh Amendment immunity and entered summary judgment for all defendants on the remaining claims. Konig appealed.
The district court had jurisdiction of this case under 28 U.S.C. §§ 1331 and 1367. We have jurisdiction under 28 U.S.C. § 1291. We have carefully considered the three very thorough memorandum opinions of the district court, the appellate briefs of the parties, and the voluminous appendices before this Court. On the basis of our review, we find that the district court properly granted judgment in favor of the defendants.
AFFIRMED