Lawson v. Umatilla County

139 F.3d 690, 1998 WL 117866
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 18, 1998
DocketNos. 96-36060, 97-35634
StatusPublished
Cited by22 cases

This text of 139 F.3d 690 (Lawson v. Umatilla County) 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
Lawson v. Umatilla County, 139 F.3d 690, 1998 WL 117866 (9th Cir. 1998).

Opinions

ALDISERT, Circuit Judge:

This appeal by Umatilla County, Oregon from an adverse judgment in an action brought under 42 U.S.C. § 1983 by Kevin Lawson, a discharged County employee, requires us to decide if Lawson possessed a constitutionally-protected property interest that prevented the County from terminating him without providing the procedural due process guaranteed by the Fourteenth Amendment to the United States Constitution. We have jurisdiction under 28 U.S.C. § 1291, and we reverse.

I.

The County hired Lawson as coordinator of its Commission on Children and Families in February 1993. The Commission’s main task was to apportion state grant money among providers of service to children and families in Umatilla County. At the time of his hire, Lawson was considered a probationary employee. After receiving a positive evaluation in 1993, Lawson became a permanent employee when his probationary period ended in January 1994. The Umatilla County Personnel Policies provided that permanent employees could be disciplined only for the causes set forth therein. However, the Personnel Policies also included the following disclaimer:

Under no circumstances shall these policies be construed to act as any type of employment contract with any employee of the County of Umatilla.

In addition, the County could deviate from the Policies upon written justification to avoid “practical difficulties or unnessary [sic] hardships.”

On May 31, 1994, the County Commissioners discharged Lawson for unsatisfactory job performance. This decision was confirmed by a June 10, 1994 letter to Lawson’s attorney, and upheld by the Commissioners after a July 11, 1994 hearing.

Lawson filed suit, and the district court determined that he had a constitutionally-protected property interest in his position. Thereafter, a jury found that at the time he was discharged he was not afforded appropriate due process protections and awarded him damages. After a subsequent hearing, the district court awarded Lawson attorney’s fees. The County appeals both awards.

II.

The district court accepted Lawson’s theory that he had a property right in his position which gave rise to a cause of action under 42 U.S.C. § 1983 against the County for deprivation of procedural due process, because he was allegedly discharged without' proper notice and an opportunity to be heard. It is important to emphasize that Lawson’s claim was based not on a violation of state law, but on an averment that the County encroached upon his rights protected by the federal constitution. Under the fed[692]*692eral constitution, at-will employees possess no protected property rights and therefore are not entitled to due process before being terminated. Portman v. County of Santa Clara, 995 F.2d 898, 904 (9th Cir.1993).

Lawson’s argument begins with the premise that all county employees in Oregon are at-will, save those covered by two exceptions: (a) civil service laws and (b) county personnel policies creating a legitimate expectation of continued employment. Lawson claims that he was an employee shielded by the Umatilla County Personnel Policies, 'and that therefore he was not an at-will employee. From this he contends (1) that as a protected employee, as. distinguished from an at-will employee, he possessed a property right in his job, (2) that this right entitled him to federal due process procedures in his termination and (3) that his discharge by the County without being accorded such procedures gives him a cause of action under § 1983. A proper analysis requires us first to determine whether the district court properly held that-by virtue of the Umatilla County Personnel Policies-Lawson was not an at-will employee and that Lawson therefore had a constitutionally-protected property interest as a matter of law.

III.

We review de novo an order granting or denying judgment as a matter of law. Amarel v. Connell, 102 F.3d 1494, 1517 (9th Cir.1996). Judgment as a matter of law is proper when the evidence permits a reasonable jury to reach only one conclusion. Id.; see Rule 50(a), Federal Rules of Civil Procedure. We also review de novo the district court’s interpretation of state statutes. A-1 Ambulance Serv., Inc. v. County of Monterey, 90 F.3d 333, 335 (9th Cir.1996).

IV.

State law, or some other independent source, establishes the parameters of an individual’s substantive interest, Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972), but federal law determines whether that interest is a property right protected by the Due Process Clause of the Fourteenth Amendment. Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 9, 98 S.Ct. 1554, 1560, 56 L.Ed.2d 30 (1978); see 16B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 4030, at 425.

Whether a property right exists depends on the facts of each case, but certain established rules provide a framework for our inquiry. Of particular relevance here, Lawson had no constitutionally-protected property right if his position was “at-will” under Oregon law. See Portman, 995 F.2d at 904. We therefore must decide whether the district court properly held as a matter of law that Lawson had a state-created interest in his position that “justified] his legitimate claim of entitlement to continued employment.” Perry v. Sindermann, 408 U.S. 593, 602, 92 S.Ct. 2694, 2700, 33 L.Ed.2d 570 (1972); see Orloff v. Cleland, 708 F.2d 372, 377 (9th Cir.1983).

To determine the status of a county employee, the starting point is the Oregon statute describing county officers, deputies and other employees:

(1) The county court or board of county commissioners of each county shall fix the number of deputies and employees of county officers whose compensation is to be paid from county funds.
(2) All such deputies and employees shall be appointed by such county officer, and shall hold office during the pleasure of the appointing officer.

Or.Rev.Stat. § 204.601. Clearly, this statute sets forth the law of Oregon that county employees “hold office during the pleasure of the appointing officer” and is a manifestation of the general Oregon rule that “an employer may discharge an employee at any time and for any reason, absent a contractual, statutory or constitutional requirement.” Patton v. J.C.

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Lawson v. Umatilla County
139 F.3d 690 (Ninth Circuit, 1998)

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Bluebook (online)
139 F.3d 690, 1998 WL 117866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-umatilla-county-ca9-1998.