Les E. Roley v. Pierce County Fire Protection District No. 4, a Municipal Corporation of the State of Washington

Good Law
869 F.2d 491·1989 WL 17694·1989 U.S. App. LEXIS 2541
United States Court of Appeals for the Ninth CircuitMarch 6, 198988-3648California2,256 words

Opinion

Opinion

Wright, J.

We consider whether the court ruled correctly in granting summary judgment where it found no equal protection or procedural due process violation in the discharge of a fire chief.

BACKGROUND

Roley worked for the Pierce County Fire Protection District No. 4 for over 20 years and served as its full-time fire chief since 1979. The Board of Fire Commissioners in January 1987 presented him with a memorandum listing 11 areas of unsatisfactory performance. He responded in writing to each allegation.

In February the Board held a public meeting to consider the charges against Roley. Although it refused to allow him to call witnesses, he testified and presented written evidence to refute the charges. After adjourning to decide what action to take, the Board fired him.

Roley demanded a review of his discharge in accordance with civil service rules, Wash.Rev.Code ch. 41.08 (1987). The Board refused this demand because it had not adopted civil service review and was not obligated under Washington law to provide it.

He commenced a 42 U.S.C. § 1983 action alleging equal protection and procedural due process violations. The court granted summary judgment in favor of the District.…

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