Bruce Dougherty v. Gloria Cortez

MEMORANDUM

Brian Dougherty appeals the district court’s grant of summary judgment in favor of Gloria Cortez and Norman Kir-schenbaum in their supervisory capacity, in his 42 U.S.C. § 1983 claim. Dougherty argues that California Education Code § 44938 creates a property interest sufficient to guarantee him a hearing before derogatory information is placed in his personnel file. Dougherty brought claims other than his 42 U.S.C. § 1983 due process claim. However, he has not appealed the grant of summary judgment as to any other claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we AFFIRM.

To prevail in a § 1983 claim premised on a procedural due process violation, a plaintiff must show deprivation of a protected property or liberty interest without being given due process. Bd. of Regents v. Roth, 408 U.S. 564, 569 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). “Property interests ... are not created by the Constitution. Rather they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law-rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.”…