Braswell v. Shoreline Fire Department

622 F.3d 1099, 31 I.E.R. Cas. (BNA) 411, 2010 U.S. App. LEXIS 19308, 2010 WL 3584032
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 16, 2010
Docket09-35974
StatusPublished
Cited by19 cases

This text of 622 F.3d 1099 (Braswell v. Shoreline Fire Department) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braswell v. Shoreline Fire Department, 622 F.3d 1099, 31 I.E.R. Cas. (BNA) 411, 2010 U.S. App. LEXIS 19308, 2010 WL 3584032 (9th Cir. 2010).

Opinion

OPINION

GRABER, Circuit Judge:

Plaintiff Bryan Braswell, a firefighter employed by Defendant Shoreline Fire Department (“Shoreline”) who formerly practiced as a paramedic with Shoreline under Defendant Gary Somers’ medical license, filed this action under 42 U.S.C. § 1983. Plaintiff alleges that he had a property interest in his employment with Shoreline and a liberty interest in pursuing his profession as a paramedic and that Defendants deprived him of those interests without due process when they removed him from his paramedic position without providing adequate notice and a hearing. Plaintiff also alleges that Dr. Somers tortiously interfered with his employment. The district court granted summary judgment to Defendants. Reviewing de novo, Dietrich v. John Ascuaga’s Nugget, 548 F.3d 892, 896 (9th Cir.2008), we affirm except with respect to the alleged liberty interest. As to that claim, we reverse and remand.

Plaintiff was first employed by Shoreline in 1987 as a firefighter. In 2002, he applied to Shoreline’s paramedic training program. Plaintiff became certified as a paramedic in 2003. This certification qualified him to practice as a paramedic. Wash. Rev.Code § 18.71.200(3). The certificates are valid for three years, after which time a paramedic must recertify. Id. § 18.71.205(2), (3); Wash. Admin. Code § 246-976-141(3). Washington law provides that, even though an individual is certified as a paramedic, he or she cannot *1101 practice paramedicine except while, working under the license and supervision of a qualified medical doctor. Wash. Rev.Code §§ 18.71.030(13), 18.71.205(6).

Paramedics employed by Shoreline work under the medical license of Dr. Somers, a Program Medical Director for King County Emergency Medical Services who is in charge of the Shoreline area. Plaintiff worked as a paramedic for Shoreline from 2003 until December 2005, when the incident occurred that gave rise to this litigation.

On November 30, 2005, Plaintiff and his paramedic partner were dispatched to the residence of Tommy Davis, who had called emergency services complaining of chest pain. As part of the examination, Plaintiff asked whether Mr. Davis had used any recreational drugs that evening. Mr. Davis became agitated. Plaintiff administered a lung exam and instructed Mr. Davis to breathe deeply. However, Mr. Davis either would not or could not comply. Plaintiff bent down and spoke directly into Mr. Davis’ face, instructing him repeatedly to breathe deeply. After several requests, Mr. Davis became angry and asked Plaintiff what his problem was. Plaintiff repeated his instructions and asked Mr. Davis to give him “a little less attitude.”

The exchange between Plaintiff and Mr. Davis led to a verbal altercation. Mr. Davis stood up and threw a file folder on a desk so forcefully that papers and objects flew off the desk. Mr. Davis told the paramedics to leave. Plaintiff asked Mr. Davis to fill out a release form stating that he did not consent to treatment. Mr. Davis replied, using profanities, that he would not sign the form. In the course of the altercation, Plaintiff asked whether he should call the police, and Mr. Davis responded that he would give Plaintiff a reason to throw him in jail. Feeling physically threatened and suspecting that Mr. Davis, who was rummaging through desk drawers, might be looking for a weapon, Plaintiff and his partner left without treating Mr. Davis or obtaining a release form.

The next day, Plaintiff met with his fire department supervisors and two union representatives to discuss the incident. Several days later, Plaintiff met with the chief of the fire department, the deputy chief, and Dr. Somers. Dr. Somers, after having reviewed written statements from witnesses, stated that Plaintiff had an anger management problem, that he failed to identify medically significant symptoms in Mr. Davis, and that he abandoned Mr. Davis. Dr. Somers told Plaintiff that Plaintiff was no longer authorized to practice paramedicine under Dr. Somers’ medical license.

Because Dr. Somers had revoked Plaintiffs ability to practice under his medical license, Plaintiff could not legally practice paramedicine with Shoreline. See Wash. Rev.Code §§ 18.71.030(13), 18.71.205(6). For that reason, Shoreline reassigned Plaintiff from a paramedic position back to a firefighter position. Shoreline froze Plaintiffs salary at the higher paramedic level until his firefighter salary caught up to that level. Plaintiffs paramedic certification was not revoked, but it lapsed in 2007 when Plaintiff failed to seek recertification. Plaintiff brought this action, alleging that Defendants violated his due process rights. The district court dismissed Plaintiffs claims on summary judgment after holding that Plaintiff had neither a property nor a liberty interest in his job and that, as a matter of law, Dr. Somers did not commit tortious interference. Plaintiff timely appeals.

Plaintiff first argues that, as a certified paramedic, he has a protected property interest in his employment as a paramedic with Shoreline. Specifically, Plaintiff claims a property right both in his param *1102 edicine certificate and in the statutorily-required supervision by Dr. Somers. Defendants concede that a property interest does attach to a professional license, but they argue that it does not attach to any specific job just because that job requires a license or certificate.

The United States Supreme Court has defined the boundaries of a “property interest” in the context of the Fourteenth Amendment:

To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it....
Property interests, of course, are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.

Bd. of Regents of State Colls. v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); see also Brady v. Gebbie, 859 F.2d 1543, 1547-48 (9th Cir.1988). State law creates a “legitimate claim of entitlement” giving rise to a protected property interest if it “impose[s] ‘significant limitationfs] on the discretion of the decision maker.’ ” Nunez v. City of Los Angeles, 147 F.3d 867, 873 n. 8 (9th Cir.1998) (second alteration in original) (quoting Goodisman v. Lytle, 724 F.2d 818

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Bluebook (online)
622 F.3d 1099, 31 I.E.R. Cas. (BNA) 411, 2010 U.S. App. LEXIS 19308, 2010 WL 3584032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braswell-v-shoreline-fire-department-ca9-2010.