Fewer
Fewer v. City of San Francisco
Opinion
Lead Opinion
MEMORANDUM **
Appellants Michael Stasko, John Fewer, and Timothy Dempsey received Like-Work-Like Pay (“LWLP”) promotions to the rank of lieutenant in the San Francisco Police Department. Appellants contend that these were permanent appointments, causing them to acquire a due process property interest in their continued employment at the rank of lieutenant. Following their reversions to the rank of sergeant after three months service as LWLP lieutenants, appellants filed suit pursuant to 42 U.S.C. § 1983 , claiming a violation of their rights to due process and equal protection. Ruling on cross-motions for summary judgment, the district court denied the officers’ motion and granted that of the City. We affirm.
This court reviews de novo a district court’s decision on cross motions for summary judgment. Children’s Hosp. Med. Ctr. v. California Nurses Ass’n, 283 F.3d 1188, 1191 (9th Cir.2002). Viewing the evidence in the light most favorable to the nonmoving party, this court determines “whether the district court correctly applied the relevant substantive law and whether there are any genuine issues of material fact” for trial. Chevron USA, Inc. v. Cayetano, 224 F.3d 1030, 1037…