Fellows

MEMORANDUM **

Former City of Wells police officer Timothy Fellows appeals the district court’s *258 grant of summary judgment in favor of the City and its former Chief of Police LaDon Murray on Fellows’s claim he was retaliated against for reporting alcohol and substance abuse by Murray. 1 We affirm.

Fellows’s evidence raised no triable issue of fact that he suffered a violation of his First Amendment rights because of retaliation for a report of the chiefs misconduct. Fellows was not the individual who informed Police Commissioner Hank Chapman of Murray’s purported alcohol and substance abuse problem; Officer Pete Turner was. See Coszalter v. City of Salem, 320 F.3d 968, 973 (9th Cir.2003) (requiring that government employee engage in “protected speech” to assert First Amendment claim against government employer). Nor is there evidence the commissioner knew Fellows accompanied Turner when the call was made.

Fellows’s evidence raised no triable issue of fact that he suffered a due process violation as to the requisite notice and hearing before his employment was terminated. The City provided him with notice of the substance of the charges brought against him. It also provided…