Wong v. Board of Regents of the University of California
Wong v. Board of Regents of the University of California
Concurring Opinion
I concur in the result.
Opinion of the Court
MEMORANDUM
Daniel Wong appeals the district court’s order granting summary judgment in favor of Defendants, arguing that the district court incorrectly concluded: (1) that Wong did not have a property interest in his supervisor position and layoff protection; and (2) that the individual Defendants are entitled to qualified immunity.
We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
We review a grant of summary judgment de novo. Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir. 2000). We determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant sub
To have a property interest in his supervisor classification and against layoff, Wong must have “a legitimate claim of entitlement to it.” Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972). That claim must arise from “existing rules or understandings that stem from an independent source such as state law.” Id. Also of particular import is whether the University’s personnel manual “impose[s] particularized standards or criteria that significantly constrain” its ability to change or eliminate Wong’s position. Fidelity Fin. Corp. v. Federal Home Loan Bank, 792 F.2d 1432, 1436 (9th Cir. 1986).
The relevant employee manuals
The district court properly granted Defendants’ motion for summary judgment.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
. We do not analyze the employee manuals separately because we conclude that neither created a property interest in Wong’s supervisor position.
. Because Wong is not a prevailing party, we deny his request for attorneys' fees pursuant to 42 U.S.C.1988. See Friend v. Kolodzieczak, 72 F.3d 1386, 1389 (9th Cir. 1995).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.