Blantz v. Cal. Dep't of Corr. & Rehab., No. 11-56525 (9th Cir. 2013)Annotate this Case
Plaintiff filed suit against the CDCR and others after she was terminated from her independent contractor position as a nurse and was unable to find other work within the CDCR. The court held that a state agency did not create constitutionally protected property interests for its independent contractors simply by instituting performance review procedures. Even assuming independent contractors could ever have constitutionally protected property interests in their positions, something more was required: either an affirmative grant of tenure or a guarantee from the government. The court affirmed the district court's dismissal of plaintiff's federal deprivation of property claim where her orientation documents did not contain any such assurances. The court also affirmed the dismissal of plaintiff's federal deprivation of liberty claim where her liberty interest was in her profession as a nurse, not her placement with a particular employer. Finally, the court affirmed the dismissal of claims against Defendant Hill where plaintiff's allegations concerning him were conclusory and implausible on their face. The district court did not abuse its discretion in denying plaintiff leave to amend and the court affirmed the judgment.