Frank K. Kotarski v. V.L. Cooper, A.E. Navarro, W.J. Tinston, J.H. Kirkpatrick, Naval Air Rework Facility, Capt. P.A. Monroe, in His Official Capacity

This case has been remanded by the Supreme Court for our reconsideration in light of its recent decision in Schweiker v. Chilicky, — U.S.-, 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988). When the matter was last before us, we held that the district court erred in dismissing Kotarski’s Bivens claim because he had no meaningful remedy for violations of his constitutional rights. Kotarski v. Cooper, 799 F.2d 1342 (9th Cir.1986). The Supreme Court granted certiorari, vacated our decision, and remanded the case. Cooper v. Kotarski, — U.S.-, 108 S.Ct. 2861 , 101 L.Ed.2d 897 (1988). Upon reconsideration, we reverse our prior decision and affirm the district court.

Frank K. Kotarski was a civilian employee of the Navy. He was promoted to a supervisory position subject to a one-year probationary period. He was demoted to his former position during that year, and later filed suit for damages under Bivens. He alleged that he had been demoted because his superiors did not approve of his living arrangements with a woman friend, in violation of his constitutional right to privacy, and because he had expressed disagreement with certain policies and expenditures, in violation of his first amendment…