Elliott

MEMORANDUM *

Elliott appeals the magistrate judge’s grant of summary judgment to Wackenhut Corrections Corp. (‘WCC”). Elliott sent several letters to government officials complaining about mismanagement at the WCC prison where he worked. He was subsequently suspended without pay and he was never allowed to return to work. Because we hold that a jury could find that Elliott’s letters included content protected under Cal. Lab.Code § 1102.5, we reverse and remand.

1. As an initial matter, we must determine what claims are before us. In his complaint, Elliott alleged that WCC’s action against him violated the “public policy ... of the State of California, specifically Labor code section 1102.5.” Elliott subsequently moved to amend his complaint to include claims under California Labor Code §§ 1101,1102, and 6310. The magistrate judge denied his motion to amend. On appeal, Elliott has not argued that the magistrate judge erred by denying leave to amend, and Elliott has therefore waived those arguments. See Fed. R.App. P. 28(a)(8); Williams v. Woodford, 306 F.3d 665 , 684 n. 5 (9th Cir.2002). Thus, on remand, Elliott cannot proceed based on independent claims that WCC’s actions…