Vanderwalker

Vanderwalker v. King County

Good Law
91 F. App'x 545
United States Court of Appeals for the Ninth CircuitFebruary 18, 2004No. 02-36023; D.C. No. CV-01-01817-RSLCalifornia683 words

Opinion

Lead Opinion

MEMORANDUM *

John Vanderwalker appeals the summary judgment dismissal of his complaint alleging procedural and substantive due process violations and various state law claims arising out of the manner in which King County and Sheriff David Reichert *546 handled his termination. We affirm. As the parties are familiar with the facts of this case, we recite them only as necessary to explain our decision.

Vanderwalker contends that dismissal of his procedural due process claim was improper because a triable issue of fact exists as to whether Sheriff Reichert predetermined the outcome of Vanderwalker’s Loudermill hearing. While it is true that a Loudermill hearing with a predetermined result is constitutionally inadequate, see Matthews v. Harney County, 819 F.2d 889 , 893 (9th Cir.1987), a public employee facing termination is not entitled to an unbiased Loude'nnill decisionmaker, so long as the decisionmaker at the post-termination hearing is impartial. See Walker v. City of Berkeley, 951 F.2d 182, 184 (9th Cir.1991). The post-termination decisionmaker in this case, Arbitrator Grasso, was clearly impartial, and Vanderwalker does not contend otherwise.

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