Christian Doscher v. Swift Transportation

MEMORANDUM

Christian Behrend Doscher appeals pro se from the district court’s summary judgment in his diversity action arising from his employment with Swift Transportation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, and may affirm on any ground supported by the record. Enlow v. Salem-Keizer Yellow Cab Co., 389 F.3d 802, 811 (9th Cir.2004). We affirm in part and dismiss in part.

The district court properly granted summary judgment on the claim alleging wrongful constructive discharge in violation of public policy because Doscher failed to raise a genuine dispute of material fact that there is a “clear mandate of public policy” that a load be weighed before a driver leaves a shipper. Hubbard v. Spokane County, 146 Wash.2d 699 , 50 P.3d 602, 606 (2002) (“[Cjourts should proceed cautiously if called upon to declare public policy absent some prior legislative or judicial expression on the subject.” (citation and internal quotation marks omitted)); see also Snyder v. Med. Serv. Corp. of E. Wash., 145 Wash.2d 233 , 35 P.3d 1158 , 1161 (2001) (constructive discharge is not a separate cause of action).

The district court properly granted summary judgment on the…