Paul R. Hoesterey v. City of Cathedral City Jack R. Smith

64 F.3d 666 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul R. HOESTEREY, Plaintiff-Appellant, v. CITY OF CATHEDRAL CITY; Jack R. Smith, Defendants-Appellees. No. 93-56239. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1995. Decided Aug. 18, 1995. Before: WALLACE, Chief Judge, HUG and HAWKINS, Circuit Judges. MEMORANDUM 1 Hoesterey brought a 42 U.S.C. Sec. 1983 claim against the City of Cathedral City (City) and its City Manager, Smith. Hoesterey argued that he acquired a property interest in his job as Assistant City Manager, and that the City and Smith deprived him of this property without due process by discharging him without cause and without a hearing. Previously, we determined that Hoesterey's section 1983 claim was timely. Hoesterey v. City of Cathedral City, 945 F.2d 317 (9th Cir.1991), cert. denied, 112 S.Ct. 1941 (1992). On remand, the district court entered summary judgment in favor of the City and Smith, concluding that…