Kern

Kern v. Clark County

Good Law
231 F. App'x 622
United States Court of Appeals for the Ninth CircuitMay 3, 2007No. 05-15785California407 words

Opinion

Lead Opinion

MEMORANDUM ***

Dennis Kern (“Kern”) appeals from the district court’s grant of summary judgment in favor of Kern’s employer, Clark County (“County”), and his supervisor, Bruce Fox (“Fox”), on Kern’s 42 U.S.C. § 1983 action following his termination, restoration with demotion, and discipline for insubordinate conduct and exposing workers to hazardous chemicals. We have jurisdiction under 28 U.S.C. § 1291 , and we review the district court’s grant of summary judgment de novo. Peterson v. Hewlett-Packard Co., 358 F.3d 599, 602 (9th Cir.2004).

Kern does not dispute that he received an evidentiary hearing, a disciplinary hearing, and a “Step 1” hearing required by a collective bargaining agreement (“CBA”) before he was terminated. Kern also does not dispute that he received two post-termination hearings (“Step 2” and “Step 3” under the CBA) that resulted in his reinstatement with a demotion. Kern received notice of the hearings, a chance to respond, and an opportunity to confront the evidence. Moreover, Kern does not dispute that he received union representation. Therefore, Kern “received all the process that was due him.” Foss v. Nat'l Marine Fisheries Serv., 161 F.3d 584 , 588 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.