Calkins v. Brown, 84 F. App'x 869 (9th Cir. 2003). · Go Syfert
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Calkins v. Brown, 84 F. App'x 869 (9th Cir. 2003). Cases Citing This Book View Copy Cite
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Craig CALKINS
v.
Daniel BROWN
No. 02-35908.
Court of Appeals for the Ninth Circuit.
Dec 18, 2003.
84 F. App'x 869
Zan Tewksbury, Beth Ann Creighton, Thomas M. Steenson, Esq., Steenson, Schumann, Tewksbury, Later & Rose, Portland, OR, for Plaintiff-Appellant., Jacqueline A. Weber, Asst. County Counsel, Office of Multnomah County Attorney, Portland, OR, for Defendant-Appellee.
Gould, Kleinfeld, Tallman.
Published

[*870] MEMORANDUM *

Craig Calkins appeals the district court’s summary judgment dismissal of his § 1983 First Amendment claim and his state-law whistleblower and wrongful discharge claims. We affirm the district court.

Calkins’s § 1983 claim fails because the record does not establish a causal nexus between protected speech, if there was any, and his demotion.[1] The whistleblower action is barred because it was not brought within the 90-day statute of limitations, as required by the 1999 version of Oregon Revised Statutes which governs this case.[2] The wrongful discharge claim fails because Calkins does not state a prima facie case,[3] and therefore we need not decide whether Draper v. Astoria School District applies.[4]

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1

Coszalterv. City of Salem, 320 F.3d 968, 977 (9th Cir.2003).

2

Or.Rev.Stat. §§ 659.510, 659.530 (1999), superseded by Or.Rev.Stat. §§ 659A.203, 659A.215; see Or. Rev. Stat § 659A.215 (note).

3

McGanty v. Staudenraus, 321 Or. 532, 901 P.2d 841, 851-57 (Or. 1995).

4

Draper v. Astoria Sch. Dist. No. 1C, 995 F.Supp. 1122, 1126-32 (D.Or.1998), overruled in part by Rabkin v. Or. Health. Sciences Univ., 350 F.3d 967 (9th Cir.2003).