Knowlton Merritt v. John E. MacKey and Jerry Howard, Knowlton Merritt v. John E. MacKey Steve Vincent

John Mackey appeals the district court’s judgment, following a bench trial on remand from this court, in favor of Knowlton Merritt in Merritt’s action against Mackey, et al. Merritt’s action charges that Mack-ey, a federal official, violated his due process rights in improperly coercing Merritt’s private employer to fire him. Merritt cross-appeals. We affirm all of the rulings of the district court except for the award of a multiplier in the award of attorney’s fees.

BACKGROUND

Merritt is a former counselor supervisor with Klamath Alcohol and Drug Abuse, Inc. (“KADA”), a private nonprofit corporation. He was fired from that position, partly as a consequence of actions taken by Mackey and Steven Vincent. Mackey was the Area Alcoholism Coordinator for Indian Health Services (“IHS”), a federal agency. Vincent was a Regional Alcohol Specialist with the State of Oregon’s Mental Health Division. Mackey and Vincent had jointly evaluated the management of KADA, and had concluded that Merritt had failed to perform adequately. Their report recommended that further funding of KADA be conditioned on Merritt’s dismissal. The KADA Board of Director’s dismissed Merritt without a…