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Alan Konig’s kind of like the knight who loses limb after limb in the 1975 movie “Monty Python and the Holy Grail.” He has the pluck to keep on fighting, while saying he’s only suffered a flesh wound. Recently, Konig, a former California State Bar prosecutor, lost another weapon in a retaliation suit against his ex-bosses when U.S. District Judge Martin Jenkins of San Francisco tossed out his due process claims. In September, the same judge dismissed several other claims. All that’s now left are Konig’s allegations that his employers of 5 1/2 years violated his First Amendment right to free speech. Konig said that he was disappointed by Jenkins’ April 6 ruling on the due process claims, but he wasn’t overly concerned. “It really, in my opinion, has no effect on the matter itself, because it was a secondary claim,” he said. “The First Amendment claim has been, and always will be, the primary claim.” He said the ruling didn’t eliminate all claims related to damages and adverse State Bar actions. Konig, 36, was regarded highly enough to be given several major cases during his time at the State Bar. He sued the agency in June, saying he had been subjected to a hostile work environment after complaining about his own bosses and State Bar Court Judge JoAnn Remke. He had criticized the Bar for what he believes are overly cautious prosecutorial tactics and accused Remke of issuing orders that violated the rights of the State Bar and courtroom witnesses. He claims he suffered retaliation, including being taken off some important cases. Jenkins’ April 6 order dismissed Konig’s claims that he had been denied due process of law when the State Bar provided no notice or hearing before, among other things, issuing him warnings, negative performance evaluations, change of assignments and a three-day suspension. “The court,” Jenkins wrote in a 19-page ruling, “has found no case law supporting a finding that an employee has a due process right to notice and a hearing before such basic acts of managerial discretion as the issuance of written warning letters following perceived insubordination.” Michael von Loewenfeldt, a partner at San Francisco’s Kerr & Wagstaffe, which represents the State Bar, said he was pleased with the ruling. “At some level, [Konig's] just claiming he had a right not to be supervised,” von Loewenfeldt said earlier this week. “The truth is that none of us like to have our work supervised, but that’s part of working in an organization. You don’t get to do whatever you want to do when you want to do it.” On April 26, the State Bar goes back before Jenkins seeking to get Konig’s remaining claims thrown out. The case is Konig v. Dal Cerro, 04-2210.

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