Marable
Marable v. Nitchman
Opinion
Lead Opinion
MEMORANDUM *
Ken Marable appeals the district court’s dismissal of his case on a motion for summary judgment in favor of the defendants. Specifically, Marable appeals the district court’s summary judgment dismissing the following causes of action for which Marable seeks both damages and injunctive relief to “protect [his] rights ... under the U.S. Constitution”: 1) a 42 U.S.C. § 1983 claim alleging violation of his First Amendment rights as applicable to the states by way of the Fourteenth Amendment; 2) a 42 U.S.C. § 1983 claim alleging violation of his Fourteenth Amendment rights to procedural due process; 3) a Washington state law claim of negligent infliction of emotional distress; and 4) a Washington state statutory claim for whistleblower retaliation. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We address herein Marable’s second, third, and fourth claims, as well as his claim for injunctive relief, 2 and we affirm.
Procedural Due Process
Marable contends that defendant Mark Nitchman violated Marable’s right to procedural due process when Nitchman presided over Marable’s Washington State Ferries (“WSF”) disciplinary (or “Louder-mill ”) hearing in late 2002,…