Opinion

Llamas v. Butte Community College District

  • 238 F.3d 1123
Court
Court of Appeals for the Ninth Circuit
Filed
Feb 7, 2001
Status
Published
Author
Hawkins
On the bench
Hawkins, Kleinfeld, Tallman
Cited by
5 cases

The opinion

MICHAEL DALY HAWKINS, Circuit Judge,

Concurring:

I concur in the majority’s conclusion that the Defendants’ actions do not violate Title VII or federal constitutional principles of due process.

I write separately because one unfortunate consequence of this litigation is that Juan Llamas’s employment record at the District is now in full view of the public, including the details of the District’s termination. As Paul Harvey says, there is more to the story.

The District terminated Llamas and declared him unfit for future employment of *1132 any-type, all based on an accusation that he had acted dishonestly in the course of applying for a promotion-an accusation he was never permitted to challenge. It would be one thing if the Defendants’ “investigation” leading to that accusation had been fair and complete. It was neither. The following example captures the nature of the Defendants’ processes: An individual who in fact scored higher than Llamas on the model questions — someone who had equal access to the office where a copy of the “cheat sheet” turned up missing — was never investigated nor accused of cheating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.