Kavanagh

Kavanagh v. City of Phoenix

Good Law
25 F. App'x 516
United States Court of Appeals for the Ninth CircuitNovember 21, 2001No. 00-15737. D.C. No. CV-98-00377-WGYCalifornia1,350 words

Opinion

Lead Opinion

*517 MEMORANDUM *

Robert Kavanagh, an attorney and retired Police Lieutenant/Law Specialist with the City of Phoenix (“City”), appeals pro se the district court’s adverse judgment on stipulated facts in his action against the City for breach of contract and violations of 42 U.S.C. § 1983 and Arizona Revised Statute § 23-392. Kavanagh contends the district court erred by converting the parties’ cross motions for summary judgment into a stipulated facts trial, by concluding that he was an at-will employee and was not deprived of a property interest in a salary increase without due process, and by finding that he was not entitled to overtime pay under state law. We have jurisdiction over this appeal under 28 U.S.C. § 1291 , and we affirm.

A. Stipulated Facts Trial

When a case is submitted to the district court for decision on a stipulated record, the clearly erroneous standard of review applies on appeal. Starsky v. Williams, 512 F.2d 109, 111 (9th Cir.1975). When deciding cross-motions for summary judgment, a district court retains the responsibility to examine the record to ensure that no disputed issues of fact exist, despite the parties’ assurances to that effect. Fair Housing…

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