Mincey

Mincey v. City of Bremerton

Good Law
38 F. App'x 402
United States Court of Appeals for the Ninth CircuitMarch 14, 2002No. 01-35210; D.C. No. CV-99-05678-FDBCalifornia1,953 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff, Henry Mincey, appeals the district court’s grant of summary judgment in favor of Defendants. The claims raised on appeal are: (1) disparate treatment, (2) negligent infliction of emotional distress, (3) violations of the American’s with Disabilities Act (“ADA”), (4) breach of contract, (5) outrage, (6) retaliation, (7) conspiracy, and (8) public disclosure of private facts. For the reasons set forth, we affirm the grant of summary judgment.

The parties are familiar with the facts and the proceedings, and we will refer to them only insofar as necessary to resolve the issues presented on appeal. This case arises from Plaintiffs employment relationship with Defendants. Until January of 1998, Defendants employed Plaintiff as Community Resources Division Manager. On January 5, 1998, the Mayor (Defendant Horton) appointed Plaintiff as Assistant Chief of Police. The appointment was temporary and expected to last four months. The Mayor could extend the appointment in his discretion.

On April 30, 1998, the Chief of Police, Defendant DuFresne, requested that Plaintiffs appointment be extended. However, on May 5, 1998, the Bremerton Police Management Association…

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