In Lauck v. Campbell County, the Tenth Circuit upheld a district court’s ruling that dismissed a case against a sheriff’s department brought by a deputy after he was reassigned to the Civil Process Division. Although the deputy claimed that his reassignment constituted a demotion, because his pay and rank were the same before the transfer, […]
In Skogen v. Overland Park, the Tenth Circuit ruled that a police officer who had been terminated for off-duty conduct had no complaint for a violation of due process because an extensive investigation was conducted before he was fired. The court also concluded that the police department had a significant interest in preserving the integrity […]
In Bryson v. Oklahoma City, the Tenth Circuit Court of Appeals ruled that Oklahoma City had no liability for its failure to properly supervise and train an expert forensic chemist who had testified in a trial that DNA from the plaintiff was found on a rape victim even though the tests clearly exonerated the plaintiff. […]
In Thorpe v. Washington City, the Utah Court of Appeals declared that an employee who failed to file a complaint in a court raising his Utah Protection of Public Employees Act (“Whistleblower Act”) claims within 180 days was barred. The employee attempted to circumvent the requirements of the Whistleblower Act by claiming that a Notice […]
The Tenth Circuit Court of Appeals—the federal appellate court having jurisdiction over Utah—reversed a district court decision that allowed a former instructor at Utah Valley State College (UVSC) to remove his Age Discrimination in Employment Act and civil rights complaints to state court. In Helmick v. UVSC, the Tenth Circuit ruled that once the trial court […]
In Jones v. Oklahoma City Public Schools, the Tenth Circuit—the federal appellate court having jurisdiction over Utah— overruled the decision of the trial court dismissing the claims of a school administrator for having too weak of a case of discrimination. Although the trial court ruled that the administrator had presented evidence of discrimination, it ruled that the evidence […]
On August 24, 2010, the Tenth Circuit Court of Appeals—the federal court having jurisdiction over Utah—ruled in Deutsch v. Jordan that a sheriff could continue in his claims against a city manager for firing him for what she claimed was his false testimony in a private law suit he brought against a citizen. The private citizen had […]
In Turner v. Lone Peak Public Safety District, the Utah Court of Appeals upheld the rather uncontroversial determination of a local government entity appeals board that an employee’s threat to kill his boss, the police chief, justified his termination. The fact that the employee was under the influence did not excuse the threat nor did […]
On Thursday, June 17, the United States Supreme Court upheld the discipline of a police officer for sending personal and some sexually explicit text messages on a city provided pager. In Ontario v. Quon, the Supreme Court assumed without holding that the police officer had a reasonable expectation of privacy in his text messages. It […]
In a decision issued May 24, 2010, the United States Supreme Court ruled that, in claims of disparate impact, every time a discriminatory practice is used a new cause of action arises, even if the decision establishing that practice was made after the statute of limitations has run. Justice Scalia, writing the opinion for the Court […]
