Marable

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEN MARABLE, the senior Chief  Engineer of The Washington State Ferries and a married man and his marital community, Plaintiff-Appellant, v. No. 06-35940 MARK NITCHMAN, former Director of Preservation and Maintenance  D.C. No.

CV-05-01270-MJP

of the Washington State Ferries;

OPINION

DOUGLAS MACDONALD, Director of the Washington State Department of Transportation; RICHARD D. PHILLIPS, a Staff Chief of the Washington State Ferries, Defendants-Appellees.  Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted September 24, 2007—Seattle, Washington

Filed December 26, 2007

Before: Betty Binns Fletcher, Andrew J. Kleinfeld, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Gould

16731 MARABLE v. NITCHMAN 16733

COUNSEL

Shawn Hart, for the plaintiff-appellant (argued and on the brief).

Catherine Hendricks, Senior Counsel, Seattle, Washington, for the defendants-appellees (argued and on the brief). Robert 16734 MARABLE v.…