Jeffery Antoine, Plaintiff-Appellant-Cross-Appellee v. Byers & Anderson, Inc., Shanna Ruggenberg, Defendants-Appellees-Cross-Appellants

Bad Law
91 Daily Journal DAR 15327·950 F.2d 1471·21 Fed. R. Serv. 3d 669·1991 U.S. App. LEXIS 28959
United States Court of Appeals for the Ninth CircuitDecember 13, 199190-35293, 90-35362 and 90-35363California2,930 words

Opinion

Opinion

Trott, J.

Jeffery Antoine appeals the district court’s grant of summary judgment in favor of Byers & Anderson, Inc. and Shanna Ruggenberg. Antoine asserted constitutional claims for violation of due process and access to the courts plus state law claims for breach of contract as a result of Ruggenberg’s failure to produce a criminal trial transcript. The district court held that Ruggenberg, a delinquent court reporter, was absolutely immune as a quasi-judicial officer. Byers & Anderson, Rug-genberg’s “employer,” and Ruggenberg cross-appeal from denial of summary judgment on the issue of whether Ruggenberg was an independent contractor or an employee. We affirm.

I

Byers & Anderson, a court reporting firm in Tacoma, Washington, contracted with the United States District Court for the Western District of Washington to provide court reporting services. As required by the contract, Byers & Anderson sent Shanna Ruggenberg, one of its court reporters, to provide reporting services for the district court. Ruggenberg had provided court reporting services through Byers & Anderson for approximately one and one-half years.

Ruggenberg performed full-time court reporting services for the district…

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