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WABAKKEN v. DEPT. OF CORRECTIONS & REHABILITATION

No. 13-56075.

801 F.3d 1143 (2015)

David WABAKKEN, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; J.W. Morgan; George Dimaggio; Gary Grover; Keith Mayfield; Frank Chavez; Frank Martinez, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2015.

Attorney(s) appearing for the Case

Derek T. Anderson (argued), Attorney at Law, San Diego, CA, for Plaintiff-Appellant.

Mark Schreiber (argued), Deputy Attorney General; Kamala D. Harris , Attorney General; Alicia M.B. Fowler , Senior Assistant Attorney General; Jerald L. Mosley , Supervising Deputy Attorney General; and Patricia Nevonen , Deputy Attorney General; California Department of Justice, Los Angeles, CA, for Defendants-Appellees.

Before: HARRY PREGERSON, RICHARD C. TALLMAN, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

Appellant David Wabakken was a Lieutenant with the California Department of Corrections and Rehabilitation ("Corrections Department"). Between August 2010 and April 2011, the Corrections Department sent Wabakken three notices of adverse action, each of which contained multiple charges of misconduct. The...

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