Tom Fender v. City of Oregon City, a Municipal Corporation David Spear, Individually and in His Official Capacity as Mayor of Oregon City.

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tom FENDER, Plaintiff-Appellant, v. CITY OF OREGON CITY, a municipal corporation; David Spear, individually and in his official capacity as Mayor of Oregon City. Defendants-Appellees. Nos. 93-35060, 93-35100. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1994. Decided Oct. 3, 1994. As Amended; Request for Publication Denied Nov. 16, 1994. Before: ALDISERT, * NORRIS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 In this action by former city manager Tom Fender against Oregon City, Oregon and former Mayor David Spear for retaliatory constructive discharge in violation of his First Amendment right to free speech and for defamation, we must decide whether the district court erred in concluding that Fender's speech was not constitutionally protected and in granting the motion by the City and Spear for judgment N.O.V. on the defamation cause of action. Because we conclude that the…