Judith Maniates v. Lake County Oregon

MEMORANDUM

Judith Maniates (“Maniates”) appeals the district court’s grant of judgment as a matter of law in favor of the defendants, Lake County, Oregon, and County Commissioner Kenneth Kestner. Maniates brought a claim under 42 U.S.C. § 1983 for improper retaliation under the First Amendment. She also alleged violations of whistleblower protection and tortious interference with economic relations under Oregon state law. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Maniates cannot show that Judge Pan-ner erred in failing to recuse himself due to bias. Under 28 U.S.C. § 455 , a judge should recuse himself if the complaining party shows either (1) bias stemming from some “extrajudicial source,” or (2) “a deep-seated favoritism or antagonism that would make fair judgment impossible.” Liteky v. United, States, 510 U.S. 540, 554, 555 , 114 S.Ct. 1147 , 127 L.Ed.2d 474 (1994). Here, Maniates can show neither and instead points to Judge Panner’s “ordinary efforts at courtroom administration ..., [which] remain immune” from § 455 challenges. Id. at 556, 114 S.Ct. 1147 . Therefore, this claim fails.

Maniates next argues that the court improperly granted judgment as a…