Burgess

Burgess v. Sailors' Union of the Pacific

Good Law
63 F. App'x 337
United States Court of Appeals for the Ninth CircuitApril 22, 2003No. 02-55854California829 words

Opinion

Lead Opinion

MEMORANDUM *

Wayne Perry Burgess appeals the district court’s summary judgment in his action brought under the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 401 et seq., against the Sailors Union of the Pacific (“SUP”). Burgess sought damages and injunctive relief including reinstatement arising from his ouster, as a result of a union disciplinary proceeding, from his office as Port Agent of the Wilmington, California, branch of the SUP. The district court granted summary judgment to the union on the ground that removal from an elected union office does not constitute discipline under the LMRDA, 29 U.S.C. § 411 (a)(5). The district court also found that the complaint did not state a claim for retaliation under § 411(a)(2). After the entry of judgment, Burgess filed a motion to alter or amend the judgment pursuant to Federal Rule of Civil Procedure 59(e), a motion for leave to file an amended complaint under Rule 15(a), and a proposed amended complaint adding a claim under § 411(a)(2). The motions were denied. Burgess appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*339 We review a grant of summary judgment de novo. Lopez v.…

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