United States Eighth Circuit

In a 42 U.S.C. section 1983 action claiming that a police chief, police department, a city, and city council members terminated plaintiff in retaliation for exercising his First Amendment right of freedom of association with an attorney, summary judgment for defendants is affirmed over claims that: 1) there was sufficient circumstantial evidence to show that defendants' firing motive was his retaining an attorney and that the reasons proffered by defendants were pretextual; and 2) the district court's erred in finding that he neither pleaded nor proved a right of access claim.

Appellate Information

• Decided 01/14/2008
• Published 01/14/2008

Judges

• SMITH, Circuit Judge., Before BYE, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeffrey W. Bruce, argued, Belton, MO, for appellant.


• For Appellees:
  
• Joseph R. Colantuano, argued, Leawood, KS (Katherine A. Worthington, Katherine I. Tracy, on the brief), for appellees.