Legal Opinion

Abel v. City of Algona

Court of Appeals for the Ninth Circuit

Decided October 13, 2009No. 08-35918PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

Because Antonio Abel and Kenneth Freeman (the “Officers”) were placed on “administrative assignment” without loss of pay or rank, such assignment did not effect a deprivation of property for purposes of a 42 U.S.C. § 1983 due process claim. See Stiesberg v. California, 80 F.3d 353, 355-57 (9th Cir.1996) (citing *315cases). Nor is there a clearly established due process right to a hearing before employees are put on leave with pay. Dias v. Elique, 436 F.3d 1125, 1132 (9th Cir.2006). Moreover, the Officers have not presented evidence that the administrative assignment constituted a…

2Cases cited6 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  3. Brian Dias William Mason, Sr. v. Jose Elique Michael Murray University and Community College System of Nevada University of Nevada, Las VegasCourt of Appeals for the Ninth Circuit · 2006
  4. UNITED STATES of America, Plaintiff-Appellee, v. Donald William KIMBLE, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  5. Fenton v. FreedmanCourt of Appeals for the Ninth Circuit · 1984

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3Cited by1 opinion

  1. Latty v. Polk County Sheriff's OfficeDistrict Court, D. Oregon · 2020

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