Glenn Marr v. Peter Anderson

MEMORANDUM

Glenn Marr appeals from the district court’s grant of summary judgment. We affirm. Because the parties are familiar with the facts and procedural history, we will not recount it here.

I

Marr fails to make any arguments in the opening brief specifically challenging the district court’s grant of summary judgment with regard to defendants Biaggi, Dondero, Ashworth, Mendenhall, and Wulfkuhle. “Issues raised in a brief that are not supported by argument are deemed abandoned.” Leer v. Murphy, 844 F.2d 628, 634 (9th Cir.1988). Therefore, we affirm the district court’s grant of summary judgment as to these defendants.

II

The district court did not err in granting summary judgment on Marr’s claims against defendants Anderson and Canniz-zaro. To establish his retaliation claims, Marr must show: (1) he engaged in expressive conduct that addressed a matter of public concern; (2) defendants, as government officials, took an adverse action against him; and (3) plaintiffs expressive conduct was a substantial or motivating factor for the adverse action. Alpha Energy Savers, Inc. v. Hansen, 381 F.3d 917, 923 (9th Cir.2004). Finally, even if Marr proves all three elements of Apha…