Zsenyuk

Zsenyuk v. City of Carson

Good Law
99 F. App'x 794
United States Court of Appeals for the Ninth CircuitMay 21, 2004No. 03-15746California930 words

Opinion

Lead Opinion

MEMORANDUM **

John Zsenyuk, former deputy sheriff for the City of Carson (“the City”), appeals the district court’s summary judgment in favor of the City in an action brought for retaliation under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., and for denial of access to the courts under 42 U.S.C. § 1983 . Zsenyuk alleged that he was harassed after returning to work from a month-long FMLA-protected leave. In addition, he claimed that the City’s termination of him after he brought suit violated his First Amendment rights of access to the courts and free speech. Zsenyuk argues on appeal that summary judgment was inappropriate because genuine issues of material fact remain on the element of causation, given the temporal proximity between the protected activities and the alleged harassment and termination. We disagree, and affirm the grant *796 of summary judgment. Because the facts are familiar to the parties, we do not recite them here.

We have jurisdiction under 28 U.S.C. § 1291 , and review a district court’s grant of summary judgment de novo. Coszalter v. City of Salem, 320 F.3d 968, 973 (9th Cir.2003).

We have previously held that complaints alleging…

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