Wayson

Wayson v. Rundell

Good Law
337 F. App'x 687
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 08-35534California343 words

Opinion

Lead Opinion

MEMORANDUM **

Mark N. Wayson appeals pro se from the district court’s summary judgment in his Bivens action alleging that Linda Run-dell, acting director of Alaska’s Bureau of Land Management (“BLM”), violated his civil rights while investigating a complaint he had lodged against another BLM employee. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Canyon Ferry Rd. Baptist Church of East Helena, Inc. v. Unsworth, 556 F.3d 1021, 1027 (9th Cir.2009). We affirm.

The district court properly granted summary judgment on Wayson’s First Amendment retaliation claim because he failed to raise a genuine issue of material fact as to whether Rundell intended to retaliate against him. See Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 1310 , 1314 (9th Cir.1989) (“[A] plaintiff alleging retaliation for the exercise of constitutionally protected rights must initially show that the protected conduct was a ‘substantial’ or ‘motivating’ factor in the defendant’s decision.”).

The district court properly granted summary judgment on Wayson’s due process claim because Wayson failed to provide facts creating a triable issue as to whether Rundell intentionally denied him any liberty…

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