Manu Dube v. Dinshaw Contractor

specially concurring:

I concur reluctantly in the majority’s opinion. I find application of the apparent current law particularly unjust where the letter-writer’s reference letter:

(1) is apparently in retaliation for the plaintiffs initiating administrative proceedings against the wrongdoing of a colleague;

(2) contains an inaccurate suggestion that the plaintiff may have misused university property;

(3) likely cost plaintiff a job offer; and

(4) left plaintiff unaware that the subsequent letter at issue had supplanted an earlier favorable letter from the same ad-visor and senior colleague.

MEMORANDUM *

Manu Dube appeals from the district court’s grant of defendants’ motion to dismiss under Fed.R.Civ.P. 12(b)(6). We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

A dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) is reviewed de novo. Sanders v. Kennedy, 794 F.2d 478, 481 (9th Cir.1986). We cannot uphold such dismissal “unless it appears to a certainty that the plaintiff would not be entitled to relief under any set of facts that could be proved. All material allegations in the complaint are taken as true and construed in the light most favorable to the non-moving party.” Id. (citations omitted).

*891 To support a § 1983 claim based on damage to reputation, a plaintiff must show that the alleged reputational harm was accompanied by the additional deprivation of “some more tangible interest.” Paul v. Davis, 424 U.S. 693, 701-702 , 96 S.Ct. 1155 , 47 L.Ed.2d 405 (1976). Dube has failed to allege a tangible injury stemming from Contractor’s negative employment reference sufficient to turn his defamation claim into one implicating rights of a federal or statutory…

FILED

NOT FOR PUBLICATION DEC 22 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

MANU DUBE, No. 08-16678

Plaintiff - Appellant, D.C. No. 4:08-CV-00148-JMR

v.

MEMORANDUM *

DINSHAW CONTRACTOR; et al.,

Defendants - Appellees.

Appeal from the United States District Court for the District of Arizona John M. Roll, Chief District Judge, Presiding

Argued and Submitted December 3, 2009 San Francisco, California

Before: B. FLETCHER, THOMAS and N.R. SMITH, Circuit Judges.

Manu Dube appeals from the district court's grant of defendants' motion to

dismiss under Fed. R. Civ. P. 12(b)(6). We affirm. Because the parties are

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1 familiar with the factual and procedural history of this case, we need not recount it

here.

I

A dismissal for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) is

reviewed de novo. Sanders v. Kennedy, 794 F.2d 478, 481 (9th Cir. 1986). We

cannot uphold such…