Palm v. Los Angeles Department of Water and Power, No. 16-55691 (9th Cir. 2018)
Annotate this CasePlaintiff appealed the district court's dismissal of his 42 U.S.C. 1983 action, alleging that the LADWP terminated his employment in a probationary promotional position without due process of law in violation of the Fourteenth Amendment. The Ninth Circuit affirmed the district court's grant of defendant's motion to dismiss because plaintiff lacked a constitutionally protected property interest in his probationary position. The panel also denied plaintiff leave to amend his third amended complaint and denied plaintiff's motion for reconsideration.
Court Description: Civil Rights The panel affirmed the district court’s order (1) granting defendants’ motion to dismiss; (2) denying plaintiff leave to amend his third amended complaint; and (3) denying plaintiff’s motion for reconsideration in his 42 U.S.C. § 1983 action alleging that the Los Angeles Department of Water and Power terminated his employment in a probationary promotional position without due process of law in violation of the Fourteenth Amendment. The panel held that based on the plain language of the Los Angeles Charter, the Los Angeles Civil Service Rules, and Circuit precedent, plaintiff lacked a protected property interest in his probationary employment as Steam Plant Maintenance Supervisor. He therefore could not maintain a claim under the Fourteenth Amendment based on his termination from that position and his return to his permanent position as Steam Plant Assistant.
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