United States Eighth Circuit

In an action alleging constitutional violations resulting from plaintiff's termination as a deputy sheriff, summary judgment for defendants is affirmed where: 1) there was no evidence that this single incident of the sheriff losing his temper represents a policy of the sheriff or of Rice County; 2) plaintiff was not "informing the public" that the department was engaged in "misfeasance, malfeasance or nonfeasance," but rather he focused on the sheriff's unpleasant demeanor; and 3) there was no evidence that the sheriff was authorized to assault employees, as would be necessary for him to prevail on a claim of procedural due process.

Appellate Information

• Decided 09/13/2010
• Published 09/13/2010

Judges

• John R. Gibson

Court

• United States Eighth Circuit

Counsel