Rea

Rea v. Matteucci

Good Law
121 F.3d 483·1997 WL 426211
United States Court of Appeals for the Ninth CircuitJuly 31, 1997No. 96-16154California983 words

Opinion

Lead Opinion

Hall, J.

Plaintiff Norma Jean Rea appeals from the district court’s grant of summary judgment for defendants on plaintiffs claim for violation of due process under color of state law. See 42 U.S.C. § 1983 . We have jurisdiction, 28 U.S.C. § 1291 . We review a grant of summary judgment de novo. E.g., Bagdadi v. Nazar, 84 F.3d 1194, 1197 (9th Cir.1996). Because plaintiff was accorded all the process she was due, we AFFIRM.

I. Facts

Prior to June 18, 1993, plaintiff was employed as a hearing officer for the state of Nevada; pursuant to statute, her position was classified as permanent, and she could be terminated only for just cause. On June 18,1993, the Nevada legislature enacted Senate Bill 316 (“SIIS Act”), which revised the entire State Industrial Insurance System. The SIIS Act removed the position of hearing officer from classified service and put the position into the unclassified service of the State of Nevada, thereby removing the permanent status of the job. The section changing the status of this position was one of 294 sections of the SIIS Act.

On July 20, 1993, senior hearing officer, defendant Brian Nix, advised Rea that she would be terminated. On July 26, 1993, defendant…

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