Clements

Clements v. Airport Authority of Washoe County

Good Law
69 F.3d 321·95 Daily Journal DAR 14415·1995 WL 626318·1995 U.S. App. LEXIS 30770·95 Cal. Daily Op. Serv. 8316
United States Court of Appeals for the Ninth CircuitOctober 26, 1995No. 93-16693California7,985 words

Opinion

Lead Opinion

Reinhardt, J.

Douglas and Sue Clements, former employees of the Airport Authority of Washoe County, filed this federal action under § 1983 alleging that their terminations violated the Due Process guarantee of the 14th Amendment and were in retaliation for First Amendment protected whistle-blowing activity. They also asserted ancillary state law claims. The district court granted summary judgment to the defendants, and the Clem-entses appeal.

I. Factual and Procedural Background

Douglas and Sue Clements were employees of the Airport Authority of Washoe County (Airport Authority). 1 Douglas Clements was Chief of Planning, Engineering and Maintenance, and Sue Clements was Property Management Analyst. The Clementses’ positions were eliminated pursuant to the implementation of a reorganization plan developed by the Airport Authority’s Executive Director Robert White. The Clementses contend that their positions were eliminated in retaliation for their whistle-blowing activities. They assert that their terminations constitute a denial of procedural due process and an infringement of their First Amendment rights.

The whistle-blowing activities at issue here occurred under the tenure of the Airport…

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