United States Tenth Circuit

Summary judgment for defendants in a drug-lab technician/detention officer's employment-related 42 U.S.C. section 1983 and state-law action is affirmed in part and reversed in part where: 1) in connection with her 1983 claim and an unauthorized confirmation test, plaintiff did not speak or act in her capacity as a citizen for First Amendment purposes, but as a government employee; 2) the district court erred in relying on particular case precedent in ruling against plaintiff on a state-law claim of retaliation for making a worker's compensation claim; and 3) plaintiff's state law tort claim of wrongful discharge in violation of public policy was available because her case arose out of her actions, as opposed to her status.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• McKAY, Circuit Judge., Before BRISCOE, McKAY, and BRORBY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Rand C. Eddy, Eddy Law Firm, Oklahoma City, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Jodi S. Casey, Collins, Zorn & Wagner, P.C., Oklahoma City, OK, for Defendants-Appellees Board of Commissioners for Canadian County and Billie Linum., Angela K. Martin, Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK, for Defendant-Appellee Gary E. Miller.