Ronald Caldeira v. County of Kauai

Ronald Caldeira appeals from an adverse summary judgment in his civil rights action against his former employer and union. Caldeira alleged, pursuant to 42 U.S.C. § 1983 , that his employer, County of Kauai (“County”), violated his constitutional rights when it terminated his employment. Caldeira also alleged his former union, Hawaii Government Employee’s Association (“Union”), was liable as a co-conspirator with defendant County under 42 U.S.C. § 1985 (3). The district court granted summary judgment in favor of both the County and the Union. We affirm.

I

FACTS AND PROCEEDINGS

Ronald Caldeira was hired as a lifeguard by defendant County in 1978. Caldeira held this position from 1978 until he was discharged on October 11, 1983. Caldeira alleged that beginning in late 1978 or early 1979, the County developed and engaged in a conspiracy to effect his discharge without just cause. Caldeira also alleged that defendant Union joined in this conspiracy with the County beginning in June 1980.

The gravamen of Caldeira’s civil rights claim is that he had a substantive due process right to employment by virtue of the clause in a collective bargaining agreement which provided that, as a…