Larry Wheaton v. Freddye Webb-Petett, Administrator, Adult and Family Services Division of the State of Oregon

Larry Wheaton appeals the dismissal on summary judgment of his action challenging his removal from the State of Oregon’s management service. We review de novo, viewing the evidence in the light most favorable to Wheaton, to determine whether any factual issue precludes summary judgment and whether the district court correctly applied the substantive law. Tzung v. State Farm Fire and Casualty Co., 873 F.2d 1338, 1339-40 (9th Cir.1989). We reverse and remand his property interest claim, affirm the dismissals of his liberty interest and first amendment claims and affirm that Webb-Petett is entitled to qualified immunity as to Wheaton’s claims for damages.

I

BACKGROUND

In 1984, Wheaton became the manager of the Clackamas branch office of Oregon’s Adult and Family Services Division (AFSD). AFSD serves a clientele of persons on welfare. Wheaton had by then served the State of Oregon for 20 years in positions of increasing responsibility. As Clackamas Branch Manager, he consistently received the highest performance ratings possible.

Ben Talley, the manager for AFSD’s Northern Region, was Wheaton’s immediate supervisor. On January 14, 1988, Talley told Wheaton to clear his desk and…