White

MEMORANDUM **

Randy White and Kevin Duyn appeal the district court’s order granting summary judgment in favor of all defendants in their claim under 42 U.S.C. § 1983 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

White was, and Duyn is, a Correctional Officer employed by the Nevada Department of Corrections (“DOC”). They claim they suffered adverse employment actions in retaliation for speaking out against certain payroll policies regarding overtime pay for working on Christmas Day in 2004. *897 White alleges he was subject to a pretex-tual investigation and threatened with termination for leaving his cell phone unattended in the yard of Nevada’s Lovelock prison, a violation of the prison’s security policies. He resigned rather than be terminated, and argues this “constructive discharge” was retaliation for his protected speech. Duyn claims he has been subjected to a hostile work environment.

To prevail on a § 1983 claim of First Amendment retaliation, a plaintiff must establish: “(1) that he or she engaged in protected speech; (2) that the employer took ‘adverse employment action’; and (3) that his or her speech was a ‘substantial or motivating’ factor for the…