Walden
Walden v. Town of Paradise
Opinion
Lead Opinion
MEMORANDUM *
Cathy Walden (‘Walden”) appeals the district court’s grant of summary judgment in favor of the Town of Paradise, California (“Paradise”), and its Town Manager, Charles Rough (“Rough”), in Walden’s 42 U.S.C. § 1983 action.
We review a grant of summary judgment de novo. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Id. In addition, we may affirm on any ground supported by the record. Matus-Leva v. United States, 287 F.3d 758, 760 (9th Cir.2002).
Walden claims that Rough effectively demoted her and subjected her to hostile treatment at work in retaliation for statements she made regarding employee benefits and criticizing Paradise’s handling of certain matters within the Financial Services Division. A public employee alleging an adverse employment action in retaliation for exercising her First Amendment rights must initially prove that her speech addressed matters of public concern. Connick v. Myers, 461 U.S. 138, 146 , 103 S.Ct. 1684 , 75…