Patrick Leonard v. City of Los Angeles

MEMORANDUM

Patrick Leonard and Steven Barrett (Plaintiffs) are firefighters who sued them employer, the City of Los Angeles, after they failed a psychological exam and were transferred out of the Arson Counter Terrorism Section of the Los Angeles Fire Department (Arson). Leonard and Barrett brought procedural due process claims against the City under 42 U.S.C. § 1983 , alleging violations of property and liberty interests, as well as state claims under the California Peace Officer and Firefighter Procedural Bill of Rights Acts (POBRA and FFBOR). The district court granted summary judgment to the City on all claims, so we have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, and construing all facts in the light most favorable to Plaintiffs, see Bravo v. City of Santa Maria, 665 F.3d 1076, 1083 (9th Cir. 2011), we affirm.

1. Plaintiffs’ property interest claim fails because Plaintiffs do not have a protected property interest in their assignment to Arson. We have held that individuals do not have a property interest in a promotion where the promotion is contingent on meeting certain requirements. Nunez v. City of Los Angeles, 147 F.3d 867, 871-73 (9th Cir. 1998). Here,…