Hussein

Hussein v. Nevada System of Higher Educat

Good Law
480 F. App'x 893
United States Court of Appeals for the Ninth CircuitSeptember 20, 201208-17346California307 words

Opinion

Opinion

MEMORANDUM

Plaintiffs Hussein S. Hussein and Richard Schweickert appeal from the district court’s summary judgment in their 42 U.S.C. § 1983 action alleging constitutional violations and state law breach of contract arising out of their employment as faculty members at the University of Nevada, Reno. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Native Vill. of Noatak v. Blatchford, 38 F.3d 1505, 1509 (9th Cir.1994) (mootness); Coszalter v. City of Salem, 320 F.3d 968, 973 (9th Cir.2003) (summary judgment). We may affirm on any basis supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

The district court properly determined that plaintiffs’ grievance process claims were moot because of the subsequent changes in the Nevada System of Higher Education Code that again provide a grievance process for faculty evaluations. See Chem. Producers & Distrib. Ass’n v. Helliker, 463 F.3d 871 , 875 (9th Cir.2006) (‘Where intervening legislation has settled a controversy involving only injunctive or declaratory relief, the controversy has become moot.” (citation and internal quotations omitted)). Further, plaintiffs…

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