Rodriguez

Rodriguez v. City & County of San Francisco

Good Law
100 F. App'x 675
United States Court of Appeals for the Ninth CircuitJune 7, 2004No. 03-15308California572 words

Opinion

Lead Opinion

MEMORANDUM **

Kenneth Rodriguez and Linda Funes appeal the district court’s grant of summary judgment in favor of individual defendant employees of the San Francisco Municipal Railway (“MUNI”) on their fed *676 eral 42 U.S.C. § 1983 claims of deprivation of the right to privacy and conspiracy to violate privacy rights, and Rodriguez’s individual § 1983 claims of deprivation of due process, retaliation and conspiracy to deprive of due process and to retaliate. We affirm.

Although due process protections may be implicated where the loss of government employment or the alteration of a significant right or status guaranteed by law is accompanied by a stigmatic disclosure, c f. Paul v. Davis, 424 U.S. 693, 710-12 , 96 S.Ct. 1155 , 47 L.Ed.2d 405 (1976) (refusing to extend due process protections to stigmatic disclosures standing alone), Rodriguez was unable to show that a transfer in which he retained the same salary and benefits amounted to a “loss of government employment,” or that he has an interest in a rumor-free reputation guaranteed by state law. Id. at 706, 710-12 , 96 S.Ct. 1155 . This failure renders immaterial any disputes as to if and when the defendants publicly…

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