Public Employees/Employers

Utah Supreme Court
  1. Howick v. Salt Lake City Corporation (Utah, May 25, 2018) (affirming summary judgment that Howick was equitably estopped from claiming she was a merit employee when she was terminated because she failed to challenge the district court's equitable estoppel ruling---even though she may very well be correct: Ockey precedent may not extend to government employee contracts)
  2. Mallory v. Brigham Young University (Utah, July 8, 2014) (analysis of whether a cadet hired by BYU to provide traffic control services pursuant to a Provo City ordinance was considered a public employee for governmental immunity purposes)
  3. Ramsay v. Kane County (Utah, Feb. 25, 2014) (failure to exhaust administrative remedies because claims fall within the ambit of the Retirement Act, but no exceptions to exhaustion apply)
  4. Becker v. Sunset City (Utah, August 13, 2013) (discussion of the application of the substantial evidence standard)
  5. Olsen v. Eagle Mountain City (Utah Feb. 18, 2011) (action for reimbursement of attorney fees from mayor based on Utah reimbursement statute)
  6. Acor v. Salt Lake City School District (Utah Jan. 28, 2011) (action for reimbursement of attorney fees from public school district based on Utah reimbursement statute)
Utah Court of Appeals
  1. Palmer v. St. George City Council (Utah Ct. App., May 24, 2018) (setting aside Appeal Board's decision regarding Palmer's discipline and remanding for the city to produce evidence of comparable discipline and to hold a new disciplinary hearing)
  2. Welty v. Retirement Board (Utah Ct. App., February 9, 2017) (declining to disturb denial of life insurance claim under Salt Lake City public employee insurance program, because payment was made under the contract to the last named beneficiary)
  3. Ramsay v. Retirement Board (Utah Ct. App., January 26, 2017) (affirming summary judgment against petitioners because they did not lack knowledge of essential facts nor demonstrate fraudulent concealment of their cause of action)
  4. Hollenbach v. Salt Lake City Civil Service Commission (Utah Ct. App., April 30, 2015) (declining to disturb commission's approval of 60-hour suspension against Hollenbach; also discussing civil servants' property interest in continued employment)
  5. Kuhn v. Retirement Board (Utah Ct. App., January 23, 2015) (affirming denial of coverage under the Public Employees' Health Program)
  6. Brown v. Sandy City Appeal Board (Utah Ct. App., July 3, 2014) (upholding termination of police officer's employment for being unfit for duty as a result of a personality disorder)
  7. Larsen v. Davis County (Utah Ct. App., April 3, 2014) (termination letter's extraneous points (unmentioned at hearing below) insufficient to render the termination unlawful)
  8. Fierro v. Park City Municipal Corporation (Utah Ct. App., March 27, 2014) (setting aside police officer's termination for misusing credentials for ecclesiastical purposes)
  9. Bhatia v. Retirement Board Long-Term Disability Program (Utah Ct. App., April 25, 2013) (upholding denial of ongoing permanent disability claim)
  10. Taylorsville City v. Taylorsville City Employee Appeal Board (Utah Ct.App., March 14, 2013) (setting aside Board reinstatement of police officer terminated by the City:  in-depth discussion of standards-of-review applicable when none designated, and appropriate factors for administrative review)
  11. Bailey v. Retirement Board (Utah Ct.App., December 20, 2012) (upholding termination of disability benefits under the Public Employees' Long-Term Disability Act, for absence of proof of "total" disability)
  12. Mallory v. Brigham Young University (Utah Ct. App., August 23, 2012) (In-depth analysis of the nature of "agents" versus "servants" in the context of governmental immunity) 
  13. Brook v. Division of Peace Officer Standards and Training, Dept. of Public Safety (Utah Ct. App., April 26, 2012) (review of greater than required peace-officer suspension for engaging in criminal conduct) 
  14. Becker v. Sunset City (Utah Ct. App., April 5, 2012) (standards of review for city termination of a peace officer for drunkenness on duty)
  15. Pearson v. South Jordan City (Utah Ct. App., March 29, 2012) (scope of municipal employee's responsibilities governs whether a city may terminate an employee at-will)
  16. Kocherhans v. Orem City (Utah Ct. App. Nov. 25, 2011) (appeal of dismissal of complaint for failure to appeal an Employee Appeal Board determination to the Utah Court of Appeals)
  17. Benns v. Career Service Review Office (Utah Ct. App. Oct. 27, 2011) (appeal of Career Service Review Office decision)
  18. Orr v. Uintah County (Utah Ct. App. July 21, 2011) (whether county is immune from claims under the Volunteer Services Act)
  19. Benson v. Peace Officers Standards and Training Council (Utah Ct. App. July 8, 2011) (appeal of determination that peace officer had wilfully submitted false information)
  20. McLeod v. Retirement Board (Utah Ct. App. June 16, 2011) (appeal of determination that retirement benefits should be calculated separately)
  21. Armstrong v. Wyoming (10th Cir. Dec. 30, 2010) (Free Speech and Due Process rights claims)
  22. Van Beuge v. Draper City (Utah Ct. App. Dec. 23, 2010) (appealing finding that city employee was permanent rather than probationary employee)
  23. Kontgis v. Salt Lake City Corp. (Utah Ct. App. Nov. 4, 2010) (appeal of Salt Lake City Employee Appeals Board decision regarding appeal of termination)
  24. Thorpe v. Washington City (Utah Ct. App. Oct. 28, 2010) (Protection of Public Employees Act claims)
  25. Turner v. Lone Peak Public Safety District (Utah Ct. App. June 24, 2010) (appeal of termination as a police officer)
  26. Duran v. Department of Technology Services (Utah Ct. App. May 27, 2010) (appeal of termination of employment)
  27. Alvarado v. Department of Corrections (Utah Ct. App. May 6, 2010) (appeal of decision of the Career Services Review Board)
  28. Guenon v. Midvale City (Utah Ct. App. March 4, 2010) (appeal of dismissal, Protection of Public Employees Act claims)
  29. Howick v. Salt Lake City Employee Appeals Board (Utah Ct. App. Nov. 19, 2009) (appeal of city decision regarding jurisdiction to hear appeal)
  30. Olson v. Utah Department of Health (Utah Ct. App. Oct. 22, 2009) (appeal of demotion)
  31. Boston v. Salt Lake City Civil Service Comm'n (Utah Ct. App. Aug. 20, 2009) (appeal of termination  of police officer)
  32. Pearson v. South Jordan Employee Appeals Board (Utah Ct. App. July 30, 2009) (appeal of termination decision of city)
  33. Becker v. Sunset City (Utah Ct. App. July 23, 2009) (appeal of termination decision of city)
  34. Cornish v. Veibell (Utah Ct. App. April 30, 2009) (case against municipal employee for failing to disclose conflict of interest)
United States Supreme Court
  1. Department of Homeland Security v. MacLean (U.S., January 21, 2015) (Whistleblower protection applies unless the disclosure at issue is specifically prohibited by law.)
  2. Lane v. Franks (U.S. June 19, 2014) (public employees—First Amendment protections)
  3. Hillman v. Maretta (U.S. June 3, 2013) (federal employees—dispute involving Federal Employees’ Group Life Insurance Act)
  4. Kloeckner v.Solis (U.S. Dec. 10, 2012) (federal employees—discussion of jurisdiction of “mixed cases” under Merit Systems Protection Board and Civil Services Reform Act)
  5. Knox v. Service Employees International Union, Local 1000 (U.S., June 21, 2012) (First Amendment issues with a requirement that nonunion employees pay to fund union political action)
  6. Elgin v. Department of the Treasury (U.S. June 11, 2012) (federal employees—jurisdictional issues involving claims related to Merit Systems Protection Board and Civil Service Reform Act) 
  7. Duryea v. Guarnieri (U.S. June 20, 2011) (whether Petition Clause claims must relate to matters of public concern)
  8. Chamber of Commerce v. Whiting (U.S. May 26, 2011) (Arizona mandatory E-verify law not preempted)
  9. NASA v. Nelson (U.S. Jan. 19, 2011) (whether background checks of governmental employees violated a constitutional right to privacy)
  10. Ontario v. Quon (U.S. June 17, 2010) (review of governmental employees' expectation of privacy text messages)
  11. Hui v. Castaneda (U.S., May 3, 2010) (Federal Tort Claims Act exclusive remedy against improper actions of federal employees, who are not themselves individually liable)
Tenth Circuit Court of Appeals
  1. Garling v. EPA (10th Cir., March 7, 2017) (discussion of government employee liability under the Federal Tort Claims Act. Ultimately, the court determined that neither they, nor the court below, had jurisdiction and dismissed the matter)
  2. Bandimere v. United States Securities and Exchange Commission (10th Cir., December 27, 2016) (holding that SEC ALJs are inferior officers rather than employees, and therefore subject to the Constitution's appointments clause; the ALJ presiding over Bandimere's case held his office unconstitutionally)
  3. Alvarado v. State of Utah (10th Cir., April 30, 2015) (affirming the district court's entry of summary judgment against Alvarado on ADA, Rehabilitation Act, and wrongful termination)
  4. Smith v. Martinez (10th Cir., April 28, 2015) (affirming the New Mexico governor's termination of the plaintiff:  his job as director of the state's Workers' Compensation Administration is not a protected property right)
  5. Valencia v. City of Santa Fe (10th Cir., April 14, 2015) (upholding denial of post-judgment relief and dismissing for lack of jurisdiction)
  6. McCauley v. Board of Commissioners for Bernalillo County (10th Cir., March 2, 2015) (affirming summary judgment on age discrimination and retaliation claims)
  7. Seifert v. Unified Government of Wyandotte County, Kansas (10th Cir., February 27, 2015) (affirming in part and reversing in part conclusions as to plaintiff's testimony against public officers and potentially pretextual reasons for his dismissal and mistreatment)
  8. Benton v. Town of South Fork (10th Cir., September 24, 2014) (affirming dismissal of federal claims and numerous state claims, but remanding on state claims for defamation and legal malpractice)
  9. Robbin v. City of Santa Fe (10th Cir., September 3, 2014) (affirming summary judgement in favor of defendants on demoted police captain's 1983 claims)
  10. Gorman v. Olathe (10th Cir., June 17, 2014) (police officer claims he was entitled to name-clearing hearing)
  11. Maranville v. Utah Valley University (10th Cir., June 16, 2014)  (breach of contract and due process claims brought by university professor)
  12. Fields v. Tulsa (10th Cir., May 22, 2014) (police officer brings various constitutional claims following punishment for failure to follow orders) 
  13. Perkins v. Department of the Air Force (10th Cir., May 21, 2014) (discussion of jurisdiction arising from claims of improper demotion of Air Force employee)
  14. Barrett v. University of New Mexico Board of Regents (10th Cir., Apr. 21, 2014) (discussion of Eleventh Amendment immunity arising from ADA claims brought by public employee) 
  15. Hooper v. Jones, et al., and Drummond (10 Cir., September 4, 2013) (compensation of attorney's work (pursuant to the Criminal Justice Act) in connection with an unsuccessful challenge to execution)
  16. Bjorklund v. Miller and Smaligo (10th Cir., March 7, 2012) (affirming denial of summary judgment regarding termination in violation of civil rights)
  17. Pennington v. Uintah County, Wyoming (10th Cir., December 5, 2011) (prison guard's sexual abuse of prisoner did not inculpate county employer) 
  18. Childress v. Harms (10th Cir., December 5, 2011) (claim of medical indifference against jail nurse)
  19. Bork v. Carroll (10th Cir. Nov. 29, 2011) (appeal of an army reservist of personnel decisions made by his superiors)
  20. James v. Independent School District (10th Cir. August 31, 2011) (due process and first amendment claims)
  21. Cypert v. Independent School District (10th Cir. August 15, 2011) (Due Process, First Amendment, and age discrimination claims)
  22. Bunch v. Independent School District (10th Cir. August 15, 2011) (Due Process and First Amendment claims)
  23. Merrifield v. Board of County Commissioners (10th Cir. July 25, 2011) (due process and First Amendment claims)
  24. Trant v. Oklahoma (10th Cir. June 15, 2011) (First Amendment and Due Process claims)
  25. Borde v. Board of County Commissioners (10th Cir. May 18, 2011) (claim that termination of contract by county violated due process)
  26. Leverington v. Colorado Springs (10th Cir. May 5, 2011) (First Amendment claim of right to free speech)
  27. Underwood v. Board of County Commissioners (10th Cir. March 8, 2011) (claim of retaliatory discharge in violation of First Amendment rights)
  28. Dillon v. Twin Peaks Charter Academy (10th Cir. Dec. 15, 2010) (First amendment freedom of speech and association claims) 
  29. Lauck v. Campbell County (10th Cir. Dec. 13, 2010) (breach of contract, due process, and First Amendment claims)
  30. Skogen v. Overland Park (10th Cir. Dec. 10, 2010) (claim that terminated police officer was not given due process)
  31. Bryson v. Oklahoma City (10th Cir. Dec. 6, 2010) (municipal liability for abuses of former employee)  
  32. Hook v. Montano, (10th Cir. Sept. 13, 2010) (First Amendment and retaliation claims)
  33. Deutsch v. Jordan (10th Cir. August 24, 2010) (federal civil rights claim claiming termination in retaliation for bringing a defamation law suit)
  34. Franke v. ARUP Laboratories, Inc. (10th Cir. August 16, 2010) (due process, ADEA, and wrongful termination claims)
  35. Heutzenroeder v. Mesa County Valley School District 51 (10th Cir. August 3, 2010) (due process and breach of employment contract claims)
  36. Narotzky v. Natrona County Memorial Hospital Board of Trustees (10th Cir. June 23, 2010) (constructive discharge and unreasonable discharge claims)
  37. Brammer-Hoelter v. Twin Peaks Charter Academy (10th Cir. April 21, 2010) (first amendment claims)
  38. Rohrbough v. University of Colorado Hospital Authority (10th Cir. Feb. 19, 2010) (first amendment case)
  39. Chavez-Rodriguez v. Santa Fe (10th Cir. Feb. 18, 2010) (first amendment case)
  40. Reinhardt v. Albuquerque Public Schools Board of Education (10th Cir. Feb. 16, 2010) (free speech claims and retaliation claims)
  41. Simmons v. Uintah Health Care Special Service District (10th Cir. Feb. 9, 2010) (due process claims arising out of termination)
  42. Gosline v. Sisneros (10th Cir. Jan. 12, 2010) (violation of due process and First Amendment claims)
  43. Phillips v. Dale (10th Cir. Dec. 15, 2009) (governmental employee asserting violation of Free Speech right)
  44. Couch v. Board of Trustees (10th Cir. Dec. 3, 2009) (public employee First Amendment free speech claim)
  45. Agrawal v. Board of Regents of the University of Oklahoma (10th Cir. June 10, 2009) (enforcement of a settlement agreement arising out of academic dismissal from medical school)
  46. Ripley v. Wyoming Medical Center, Inc. (10th Cir. March 16, 2009) (Section 1983 action for failure to allow staff privileges at state run hospital)
  47. Castillo v. Hobbs Municipal School Board (10th Cir. March 2, 2009) (breach of contract, defamation, and Section 1981 claim against school district)
  48. Dixon v. Kirkpatrick (10th Cir. Jan. 8, 2009) (governmental employee free speech case)
  49. Potts v. Davis County (10th Cir. Jan. 6, 2009) (governmental employee due process claim)

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