Standley
Standley v. Elko County
Opinion
Lead Opinion
MEMORANDUM *
Ann Standley appeals from the district court’s summary judgment to Elko County on her section 1983 claims and its dismissal of her remaining state law claims. The facts are well-known to the parties; we need not repeat them here.
The district court properly granted summary judgement to Elko County because Standley produced no evidence that she enjoyed a right to pre-termination due process. An employee has a pre-termination due process right only when she has a property interest in continued employment “from an independent source, such as state law.” Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538 , 105 S.Ct. 1487 , 84 L.Ed.2d 494 (1985). Here, Nevada law presumes that all employees serve at-will, assuming the absence of an express or implied contract. SW. Gas Coup. v. Vargas, 111 Nev. 1064 , 901 P.2d 693 (1995). Vanelli v. Reynolds School District No. 7, 667 F.2d 773 (9th Cir.1982), and Matthews v. Harney County, 819 F.2d 889 (9th Cir.1987), cited by Standley, are thus distinguishable because the claimants in those cases had state law property interests. Standley has not shown that she had any contract or other property interest.