Jean MILLER, Plaintiff-Appellant, v. Larry WILLIAMS, City of Berkeley, Defendants-Appellees

Good Law
590 F.2d 317·19 Empl. Prac. Dec. (CCH) 9008·20 Fair Empl. Prac. Cas. (BNA) 809·1979 U.S. App. LEXIS 17253
United States Court of Appeals for the Ninth CircuitJanuary 29, 197977-1240California2,076 words

Opinion

Opinion

Sneed, J.

Appellant Miller appeals from a summary judgment in favor of the appellees, her employer and various officials thereof. Appellant’s complaint alleged causes of action based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., particularly Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a), and 42 U.S.C. § 1983 and § 1985. Essentially, appellant alleged that her discharge from her position as a library assistant at the Berkeley Public Library was in retaliation for her activities both on and off the job, which were designed to advance the legitimate interests of women, and that her discharge denied her due process of law guaranteed by the Fourteenth Amendment because she was suspended and then later terminated from her employment without prior notice or opportunity to be heard. We affirm.

I.

Facts

A condensed version of the undisputed facts is as follows. While employed as a library assistant at the Berkeley Public Library, appellant made public statements charging the City of Berkeley with sex and race discrimination and, with her employer’s consent, initiated a project to make library materials about women more accessible to the public. Shortly after these…

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