Sandschulte v. City of Black Diamond

37 F.3d 1506 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry SANDSCHULTE, Plaintiff-Appellant, v. CITY OF BLACK DIAMOND, A Municipal Corporation; Keith Olson; Jane Doe Olson, and the Marital Community Comprised Thereof; Howard Botts; Jane Doe Botts, Defendants-Appellees. No. 94-35083. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 27, 1994. Before: SNEED, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Jerry Sandschulte appeals the district court's summary judgment in favor of defendants in Sandschulte's 42 U.S.C. Sec. 1983 action alleging that he was discharged as a maintenance worker for the City of Black Diamond in violation of the First and Fourteenth Amendments. Sandschulte also appeals the district court's denial of his motion for reconsideration under Fed.R.Civ.P. 59(e). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm in part, reverse in part, and remand. 3 * Background 4 Sandschulte…