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MARABLE v. NITCHMAN

No. 06-35940.

511 F.3d 924 (2007)

Ken MARABLE, the senior Chief Engineer of The Washington State Ferries and a married man and his marital community, Plaintiff-Appellant, v. Mark NITCHMAN, former Director of Preservation and Maintenance of the Washington State Ferries; Douglas MacDonald, Director of the Washington State Department of Transportation; Richard D. Phillips, a Staff Chief of the Washington State Ferries, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 26, 2007.

Attorney(s) appearing for the Case

Shawn Hart, for the plaintiff-appellant (argued and on the brief).

Catherine Hendricks, Senior Counsel, Seattle, Washington, for the defendants-appellees (argued and on the brief). Robert M. McKenna, Attorney General, State of Washington, for the defendants-appellees (on the brief).

Before: B. FLETCHER, ANDREW J. KLEINFELD, and RONALD M. GOULD, Circuit Judges.

GOULD, Circuit Judge:

Plaintiff Ken Marable appeals the district court's grant of a motion for summary judgment in favor of the defendants, with resulting dismissal of Marable's case. Marable appeals the district court's summary judgment dismissing his claims for damages and injunctive relief to "protect[his] rights . . . under the U.S. Constitution": 1) a 42 U.S.C. § 1983 claim alleging violation of his First Amendment rights as applicable to the states by way...

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