Burgess v. Pierce County

28 F.3d 105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John BURGESS, Plaintiff-Appellant, Linda M. Burgess, husband and wife Plaintiff-Appellant, v. PIERCE COUNTY, a municipal entity operating and existing under the laws of the State of Washington, Defendant-Appellee, Pierce County Executive, and as part of the marital community with Jane Doe Stortini, Defendant-Appellee. No. 92-36744. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 1, 1994. Decided June 13, 1994. Before: GOODWIN, SCHROEDER, and NORRIS, Circuit Judges. 1 MEMORANDUM * 2 John Burgess appeals the district court's judgment in favor of Pierce County and County Executive Joseph Stortini in Burgess' 42 U.S.C. Sec. 1983 action alleging wrongful termination in violation of the First Amendment. We AFFIRM because the facts as found by the district court are not clearly erroneous and those facts do not rise to a constitutional violation. 3 The district court found the following facts: 4 .…