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Lauck v. Campbell Cty., No. 09-8085

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By FindLaw Staff on December 13, 2010 2:03 PM

Civil Rights Action by Deputy Sheriff

In Lauck v. Campbell Cty., No. 09-8085, a 42 U.S.C. section 1983 action claiming that plaintiff deputy sheriff was improperly transferred and constructively discharged, the court affirmed summary judgment for defendants 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.


As the court wrote:  "Contending that he was improperly transferred and constructively discharged, former Deputy Sheriff David Lauck sued Campbell County, the Campbell County Sheriff's Office (CCSO), and Campbell County Sheriff William Pownall (collectively, Defendants). He brought a state-law breach-of-contract claim and civil-rights claims under 42 U.S.C. § 1983 alleging a denial of procedural due process and retaliation for speech protected by the First Amendment."

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