Abel

Abel v. City of Algona

Good Law
348 F. App'x 313
United States Court of Appeals for the Ninth CircuitOctober 13, 2009No. 08-35918California367 words

Opinion

Lead Opinion

MEMORANDUM **

Because Antonio Abel and Kenneth Freeman (the “Officers”) were placed on “administrative assignment” without loss of pay or rank, such assignment did not effect a deprivation of property for purposes of a 42 U.S.C. § 1983 due process claim. See Stiesberg v. California, 80 F.3d 353, 355-57 (9th Cir.1996) (citing *315 cases). Nor is there a clearly established due process right to a hearing before employees are put on leave with pay. Dias v. Elique, 436 F.3d 1125, 1132 (9th Cir.2006). Moreover, the Officers have not presented evidence that the administrative assignment constituted a removal, suspension, demotion, or discharge under Rev. Wash. Code § 41.12.090; nor have they otherwise developed an argument that Washington law grants them a property interest that would be affected by their administrative assignment. See Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538 , 105 S.Ct. 1487 , 84 L.Ed.2d 494 (1985); Bd. of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). Arguments not coherently developed in briefs on appeal are deemed abandoned. See Fed. R.App. P. 28(a)(9)(A); United States v. Kimble, 107 F.3d 712 , 715 n. 2 (9th Cir.1997).…

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