Robert Garner v. Department of Education, State of Hawaii Charles T. Toguchi Thelma Nip Libert O'Sullivan Emiko Sugino, John and Jane Does 1-3

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert GARNER, Plaintiff-Appellant, v. DEPARTMENT OF EDUCATION, STATE OF HAWAII; Charles T. Toguchi; Thelma Nip; Libert O'Sullivan; Emiko Sugino, John and Jane Does 1-3, Defendants-Appellees. No. 93-17351. United States Court of Appeals, Ninth Circuit. Submitted Oct. 31, 1994. * Decided Dec. 23, 1994. Before: BROWNING, TROTT, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 * Garner's notice of appeal was timely. See Leader National Insurance Co. v. Industrial Indemnity Insurance Co., 19 F.3d 444, 445 (9th Cir.1994). II 3 Garner received due process. He was given notice of his impending termination and two opportunities to explain his side of the story to Superintendent Toguchi. He availed himself of both opportunities and was accompanied at both hearings by a union representative. See Cleveland Board of Education v. Loudermill, 470 U.S. 532, 546 (1985). 4 Garner's claim that his First Amendment rights were…