Dellavedova

Dellavedova v. Chalfant

Good Law
23 F. App'x 849
United States Court of Appeals for the Ninth CircuitJanuary 4, 2002No. 00-17381; D.C. No. CV-99-00287-RLHCalifornia391 words

Opinion

Lead Opinion

MEMORANDUM **

Dellavedova’s claim for violation of pretermination due process was waived as to all defendants except Goldman and Chalfant when she failed to reallege the claim in her amended complaint. See Forsyth v. *850 Humana, Inc., 114 F.3d 1467 , 1474 (9th Cir.1997). She later dismissed all claims against Chalfant with prejudice, and thus only the grant of summary judgment to Goldman is before us on appeal. As Goldman conducted the post-termination hearing, but was not involved in any pre-termination events, summary judgment in favor of Goldman on the pre-termination claim is affirmed.

Even if the issue of pre-termination due process were not waived, summary judgment in favor of the other defendants was also appropriate. Given the simplicity of the charges against Dellavedova, the actions by the Clark County School District and defendant Rice complied with the constitutional standards set forth in Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 545-46 , 105 S.Ct. 1487 , 84 L.Ed.2d 494 (1985) (requiring only that there be notice, an explanation of the evidence and an opportunity for the employee to explain his or her side). This is true even if their actions violated…

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