Dennison

MEMORANDUM **

Mark Dennison appeals the district court’s denial of his 42 U.S.C. § 1983 claim. Dennison alleges that the termination of his employment as a police officer from the City of Phoenix (Oregon) Police Department (“Police Department”) without opportunity for a hearing violated his right to due process. The district court granted summary judgment for appellees, the City of Phoenix (“City”) and Chief of Police Robert Kershaw, and remanded Dennison’s remaining state claims to state court. We review the district court’s grant of summary judgment de novo, see Simkins v. NevadaCare, Inc., 229 F.3d 729, 733 (9th Cir.2000), and affirm.

In order to succeed on a § 1983 claim based upon procedural due process, Dennison “must, as a threshold matter, establish that he had a property right in his position.” See Koepping v. Tri-County Metro. *100 Transp. Dist. of Or., 120 F.3d 998, 1005 (9th Cir.1997). Under Oregon law, probationary employees do not have a property interest in them continued employment, and thus have no constitutional right to a termination hearing. Papadopoulos v. Or. State Bd. of Higher Educ., 14 Or.App. 130 , 511 P.2d 854, 871-72 (1973). The statutory protections…