Norman Lewis v. Washington State University

MEMORANDUM

The facts and procedural posture of this case are known to the parties, and we do not repeat them here. Appellant Norman G. Lewis appeals the district court’s order granting summary judgment to defendants. We review a district court’s grant of summary judgment de novo. Dietrich v. John Ascuaga’s Nugget, 548 F.3d 892, 896 (9th Cir.2008). Summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter, of law.” Fed. R.Civ.P. 56(a). Because Lewis has failed to show that he has a protected property right in his Project Director position, we affirm.

Lewis undoubtedly has a property interest in his tenured position as a Regents Professor at Washington State University (WSU). Bd. of Regents of State Colls. v. Roth, 408 U.S. 564, 576-77 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). But he claims that he also has a property right in his position as Project Director of a federal research grant awarded to WSU by the U.S. Department of Agriculture, known as the Northwest Advanced Renewables Alliance (NARA) grant. Lewis is mistaken. The Supreme Court has stated that to establish a…