Joan Uhl v. Lake Havasu City

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT FILED

JAN 06 2010

JOAN G. UHL, No. 08-15865

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

Plaintiff - Appellant, D.C. No. 3:06-CV-01084-JAT District of Arizona, v. Phoenix

LAKE HAVASU CITY, a municipal corporation and body politic; MAUREEN ORDER

ROSE GEORGE; DENNIS VAUGHAN,

Defendants - Appellees.

Before: SCHROEDER and BERZON, Circuit Judges, and SHADUR, * District Judge.

The memorandum disposition filed November 17, 2009, is hereby amended

as follows:

1. Page 7, ln. 1: Add footnote <1> after with the following text:

Gillette v. Delmore, 979 F.2d 1342 (9th Cir. 1992), is not to the contrary. Neither Gillette nor the cases on which it relied addresses a situation in which a municipal actor’s disciplinary decisions are unreviewable, as George’s were, as opposed to initially discretionary. See Gillette, 979 F.2d at 1348 (suggesting in a separate context that the City Manager could have overruled the Fire Chief’s decision but did not); see also Pembaur v. City of Cincinnati, 475…