Abel v. City of Algona
Abel v. City of Algona
Opinion 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
The Officers raise several additional issues in their briefs that are not supported by argument, including a claim that the administrative assignment effected a deprivation of their liberty interests in violation of the Due Process Clause and violated their rights to equal protection; these arguments are likewise deemed abandoned. Id.
The Officers additionally argue that the district court erred in striking several declarations submitted in opposition to the motion for summary judgment. The Officers are mistaken; the court did not strike the declarations but “decline[d] to determine the admissibility of each of the statements contained in over 200 pages of declarations provided by Plaintiffs.” Therefore, the motion to strike is not properly before this court for review. See Fenton v. Freedman, 748 F.2d 1358, 1360 (9th Cir. 1984).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.