Michael Kaye v. Board of Trustees of the San Diego County Public Law Library
Opinion
Opinion
MEMORANDUM
Michael Kaye appeals pro se from the district court’s entry of summary judgment in favor of his former employer, the San Diego County Public Law Library, and its director and Board of Trustees. He also appeals from the district court’s denial of his motion to alter or amend the judgment under Fed.R.Civ.P. 59(e) or 60(a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
■ The district court properly entered summary judgment for the defendants on Kaye’s federal due process claims. According to a state statute, Kaye served at the “pleasure” of the library board. Cal. Bus. & Prof-Code § 6345. Even if this statute is not determinative, Kaye has presented no evidence upon which a reasonable factfinder could conclude that the library made “an express or an implied in fact promise for some form of continued employment absent cause for firing,” Walker v. Northern San Diego County Hospital District, 135 Cal.App.3d 896, 905 , 185 Cal.Rptr. 617 (1982). That the Library routinely provided hearings for discharged employees does not suffice to demonstrate such a promise. Kaye therefore had no constitutionally protected property interest in his job.