Peter Turner v. City & County of San Francisco

MEMORANDUM

Peter Turner, a former “temporary exempt employee” of the City and County of San Francisco (“the City”), appeals the dismissal with prejudice of his claims against the City for wrongful discharge. Turner asserts that the City violated his due process rights; retaliated against him in violation of California Labor Code § 1102.5; and retaliated against him in violation of the California False Claims Act, Cal. Gov’t Code § 12650. In addition, Turner appeals the district court’s remand to state court of his taxpayer claim under Section 526(a) of the California Code of Civil Procedure for illegal or wasteful expenditure of taxpayer funds. Turner’s remaining First Amendment claim is addressed in an opinion filed concurrently. We affirm.

1. i2 U.S.C. § 1983 Due Process Property Interest Claim

Turner contends that the district court improperly dismissed his due process claim under 42 U.S.C. § 1983 because he had “a clear property interest in his de facto regular civil service employment.” Turner’s claim fails because he was hired as a temporary exempt employee, and “[tjemporary, non-civil service employees have no property interest in continued employment, according to…