TIBBETTS v. KULONGOSKI

No. 07-36067.

567 F.3d 529 (2009)

Cecil TIBBETTS and David Thurber, Plaintiffs-Appellees, v. Theodore KULONGOSKI, individually and in his official capacity, Defendant-Appellant, and State Accident Insurance Fund Corp., an Oregon corporation; Brenda Rocklin, individually and in her official capacity, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2009.


Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erin C. Lagesen, Assistant Attorney General, Salem, OR, for appellant Theodore Kulongoski.

Gregory A. Hartman and Aruna H. Masih, Bennett, Hartman, Morris & Kaplan, LLP, Portland, OR, for appellees Cecil Tibbetts and David Thurber.

Before: SUSAN P. GRABER, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.


MILAN D. SMITH, JR., Circuit Judge:

Defendant-Appellant Oregon Governor Theodore Kulongoski appeals from the district court's order denying his motion for summary judgment on the ground of qualified immunity. Plaintiffs-Appellees, who are former employees of the State Accident Insurance Fund, brought this action pursuant to 42 U.S.C. § 1983, alleging, among other claims, that Governor Kulongoski violated their Fourteenth Amendment due process rights by making...

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