Lawson v. Washington

296 F.3d 799 Gregory LAWSON, Plaintiff-Appellant, v. State of WASHINGTON; The Washington State Patrol; Annette M. Sandberg, in her official capacity and individual capacity; Lowell M. Porter, in his official and individual capacity, Defendants-Appellees. No. 00-35458. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 7, 2001. Filed July 12, 2002. COPYRIGHT MATERIAL OMITTED Hugh J. McGavick, Law Office of Hugh J. McGavick, Olympia, Washington, for the plaintiff-appellant. Carol A. Smith-Merkulov, Senior Counsel, Office of the Attorney General, Olympia, Washington, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Franklin D. Burgess, District Judge, Presiding. D.C. No. CV-99-5419-FDB. Before: REAVLEY, * B. FLETCHER, and TALLMAN, Circuit Judges. Opinion by Judge TALLMAN; Dissent by Judge BETTY B. FLETCHER. OPINION TALLMAN, Circuit Judge. 1 This civil rights case turns upon whether Gregory Lawson was constructively discharged from his employment as a cadet in the Washington State Patrol Academy's 82nd Trooper Basic Training Class. Lawson brought this action against the State of Washington, the…