United States Tenth Circuit

In a 42 U.S.C. section 1983 action claiming that plaintiff was improperly transferred and constructively discharged, summary judgment for defendants is affirmed where: 1) plaintiff's claim that he was demoted and constructively discharged in violation of due process failed because he did not produce sufficient evidence that he was constructively discharged, was entitled to a hearing, or was provided an inadequate hearing; and 2) there was no merit to plaintiff's First Amendment claim because he identified only one instance of speech that may be constitutionally protected, and he did not show a causal connection between that speech and the allegedly retaliatory action by defendants.

Appellate Information

• Decided 12/13/2010
• Published 12/13/2010

Judges

• Harris Hartz

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Elbert Allen Dodd, Jr., Judith A. Studer