Carl A. Sylvester v. Douglas Forest Protective Association, and Kenneth Lane

67 F.3d 308 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carl A. SYLVESTER, Plaintiff-Appellant, v. DOUGLAS FOREST PROTECTIVE ASSOCIATION, and Kenneth Lane, Defendant-Appellees. No. 94-35404. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1995. Decided Sept. 27, 1995. Before: SCHROEDER, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Carl A. Sylvester appeals an award of summary judgment entered in favor of his employer Douglas Forest Protective Association (DFPA). Sylvester asserted five claims in the district court, four of which he appeals: 1) a claim for overtime pay pursuant to the Fair Labor Standards Act, 29 U.S.C. Sec. 201 et seq.; 2) a claim for overtime pay pursuant to Oregon's wage and hours laws, ORS 653.261; 3) a breach of contract claim; and 4) a claim pursuant to 42 U.S.C. Sec. 1983 alleging a due process deprivation. We affirm. 3 Sylvester was fired for an incident during which he yelled, swore, and threw rocks…