Moore

Moore v. King County Fire Protection District No. 26

Good Law
327 F. App'x 5
United States Court of Appeals for the Ninth CircuitMarch 30, 2009No. 06-35948California502 words

Opinion

Lead Opinion

MEMORANDUM *

Kerry and Kellie Moore appeal the district court’s orders granting summary judgment and awarding taxation of costs in favor of King County Fire Protection District No. 26, James D. Polhamus, David Lawrence, Jerry Harris, and Gary Bollinger. Moore also seeks a new trial on their state law discrimination claim. We affirm in part, vacate in part, and remand for further proceedings consistent with this disposition.

We reject Moore’s 42 U.S.C. § 1983 claim that the defendants violated his constitutional right to procedural due process by utilizing an allegedly biased decisionmaker and failing to produce all of the evidence considered against him at his pre-termination hearing. The defendants provided Moore with notice and a hearing, in compliance with the minimum requirements of Cleveland Board of Education v. Loudermill, 470 U.S. 532, 538-46 , 105 S.Ct. 1487 , 84 L.Ed.2d 494 (1985). Furthermore, even assuming the pre-termi *7 nation hearing was procedurally deficient, available post-hearing remedies in the form of detailed grievance procedures established by the collective bargaining agreement satisfied Moore’s procedural due process right to present evidence before an…

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