Kluver

Kluver v. Sheets

Good Law
27 F. App'x 873
United States Court of Appeals for the Ninth CircuitDecember 13, 2001No. 00-35407; D.C. No. CV-99-00008-CCLCalifornia824 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Howard Kluver sued various state and federal officials who are involved *875 in regulating the meat industry in Montana. He appeals from the district court’s grant of summary judgment to Defendants. On de novo review, we affirm.

A. Qualified Immunity

The district court correctly concluded that Defendants were entitled to qualified immunity on Plaintiffs due process and equal protection claims. The facts alleged by Plaintiff, construed in his favor, do not demonstrate violations of federal law. Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 2156, 150 L.Ed.2d 272 (2001).

Plaintiffs due process claim fails because he lacked a protected property interest or a protected liberty interest in state meat-inspection services. Powderly v. Schweiker, 704 F.2d 1092, 1097 (9th Cir.1983). Furthermore, even assuming that Plaintiff did have a cognizable interest in state meat-inspection services, the Montana Board of Livestock’s failure to grant Plaintiff a formal trial-like hearing, instead of the less formal hearing that he received at the Board meeting, did not violate his right to due process. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542-43 , 105 S.Ct.…

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