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Shands v. City of Kennett

United States Court of Appeals for the Eighth Circuit

993 F.2d 1337 (1993)

Relevant factsFree

Volunteer firemen (plaintiffs) were dismissed by a city council after they lobbied against a Fire Chief's proposed appointment and sought to have their own preferred candidate appointed instead; after a closed hearing where the firemen could question witnesses and testify, the council publicly announced they were discharged for personnel reasons involving insubordination and misconduct (specifically disclaiming any financial, illegal, or morally turpitudinous conduct), and a city official repeated similar statements to the media. The firemen sued, alleging the public statements stigmatized them in violation of due process liberty interests and that they were denied a meaningful hearing to clear their names; the district court granted the defendants judgment notwithstanding the verdict, and the firemen appealed.

IssueFree

Whether charges of insubordination and general allegations of misconduct create the level of stigma necessary to implicate a constitutionally protected liberty interest.

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