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LEVINE v. CITY OF ALAMEDA

Nos. 06-15480, 06-15481.

525 F.3d 903 (2008)

Edward LEVINE, Plaintiff-Appellant, v. CITY OF ALAMEDA, a California Charter City; James M. Flint, both individually and as City Manager for the City of Alameda, Defendants-Appellees. Edward Levine, Plaintiff-Appellee, v. City of Alameda, a California Charter City; James M. Flint, both individually and as City Manager for the City of Alameda, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2008.

Attorney(s) appearing for the Case

Roger A. Carnagey, Oakland, CA, for the plaintiff-appellant/cross-appellee.

Linda A. Tripoli, Tiburon, CA, for the defendants-appellees/cross-appellants.

Before: PROCTER HUG, JR., MARY M. SCHROEDER, and RICHARD R. CLIFTON, Circuit Judges.

HUG, Circuit Judge:

Edward Levine filed this action under 42 U.S.C. § 1983 against the City of Alameda ("City") and James M. Flint, both individually and as City Manager, alleging that the defendants violated his due process rights under the Fourteenth Amendment. On February 17, 2004, Flint told Levine, a property manager for the City, that he was going to be laid off. Levine wrote Flint a letter in which he requested a pretermination hearing regarding his lay...

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