# Calkins v. Brown

> Court of Appeals for the Ninth Circuit · December 18, 2003 · 84 F. App'x 869

URL: https://www.frixlaw.com/law-library/cases/8421192

## Case

- **Full name:** Craig CALKINS v. Daniel BROWN
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 18, 2003
- **Citations:** 84 F. App'x 869
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Gould, Kleinfeld, Tallman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8421192

## Opinion text

*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.
. Coszalterv. City of Salem, 320 F.3d 968 , 977 (9th Cir.2003).
. Or.Rev.Stat. §§ 659.510, 659.530 (1999), superseded by Or.Rev.Stat. §§ 659A.203, 659A.215; see Or. Rev. Stat § 659A.215 (note).
. McGanty v. Staudenraus, 321 Or. 532 , 901 P.2d 841, 851-57 (Or. 1995).
. 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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8421192. Public record. Not legal advice.