Musselman

MEMORANDUM *

Appellant Lance Musselman was terminated and appellant Bob Newmon was disciplined. They were engine room oilers for the Washington State Ferries (“WSF”) at the time of these events. They allege they suffered these adverse actions for speaking out against WSF managers who were paid in addition to them regular salaries to undertake an allegedly wasteful special project. They brought suit in district court against appellees WSF managers Mark Nitchman, Carl Allen, and Ben Broxon. 1 We do not recite the facts as they are well-known to the parties.

The district court dismissed seventeen of appellants’ claims by summary judgment. Three more claims were dismissed by judgment as a matter of law after the conclusion of appellants’ case. Three of appellants’ claims, all for violations of free speech rights, were decided in appellees’ favor by jury verdict.

Appellants challenge the dismissal of four claims by summary judgment: Musselman’s First Amendment claim against Allen; Musselman and Newmon’s Fourteenth Amendment claim against Nitchman; Newmon’s outrage claim against Broxon brought under Washington tort law; and Newmon’s retaliation claim against Broxon brought under…