Church
Church v. Berry
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff-Appellant Jeffrey Church brought suit against the City of Reno, Charles McNeely, Jerry Hoover, Ondra Berry, and Ronald Donnelly for breach of contract, breach of the covenant of good faith and fair dealing, violations of Nevada law, bad faith discharge, emotional distress, and First Amendment retaliation. The district court granted summary judgment in favor of each Defendant on all *679 claims. Church appeals the district court’s order only as to the First Amendment retaliation claim. The parties are familiar with the facts, thus we proceed to the law. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We review de novo a grant of summary judgment. Moreau v. Air France, 356 F.3d 942, 945 (9th Cir.2004). “Our review is governed by the same standard used by the district court under Federal Rule of Civil Procedure 56(c).” Pool v. VanRheen, 297 F.3d 899, 905 (9th Cir.2002).
To succeed on his First Amendment retaliation claim under § 1983, Church “must show (1) that he ... engaged in protected speech; (2) that [his] employer took adverse employment action; and (3) that his ... speech was a substantial or motivating factor for the adverse…