Jeanette Molex v. City & County of San Francisco

MEMORANDUM

Jeanette Molex appeals from the district court’s grant of summary judgment in favor of the City and County of San Francisco (“San Francisco”) on her civil rights claim. See 42 U.S.C. § 1983 . We affirm.

Molex asserts that San Francisco violated her due process rights when it terminated her from her position as a transit operator with the San Francisco Municipal Transportation Agency (“SFMTA”), because the process that she was accorded was insufficient to protect her property right in her position. We disagree.

Molex was accorded the detailed five-step process that was provided for in a Memorandum of Understanding (“MOU”) between SFMTA and the Transport Workers’ Union, Local 250-A (9163), to which she belonged and which represented her throughout. The first step was the kind of hearing that, by itself, satisfies pre-termi-nation due process concerns, but there was much more. The second step gave her an evidentiary hearing before an Accident Review Board, which was much like an arbitration panel and which accorded trial-like rights. The next three steps provided for reviews where she could fully present her position regarding discipline. That was sufficient to satisfy…