LEVERINGTON v. CITY OF COLORADO SPRINGS

No. 09-1550.

643 F.3d 719 (2011)

Miriam LEVERINGTON, Plaintiff-Appellant, v. CITY OF COLORADO SPRINGS, doing business as Memorial Health System, and Duaine Peters, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 5, 2011.


Attorney(s) appearing for the Case

Ian D. Kalmanowitz of Cornish & Dell'Olio, Colorado Springs, CO, for Plaintiff-Appellant.

Tracy Lessig , Senior City Attorney, for the City of Colorado Springs ( Patricia K. Kelly , City Attorney, with her on the brief), Colorado Springs, CO, for Defendants-Appellees.

Before HARTZ, TACHA, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

For over a year, Plaintiff-Appellant Miriam Leverington worked as a cardiac nurse for the internal staffing agency of Memorial Health System ("Memorial"), which is an enterprise of the City of Colorado Springs (the "City"). However, Ms. Leverington was fired from her position after she told Colorado Springs Police Officer Duaine Peters, during a "less than cordial" traffic stop, that she hoped she never had him as a patient. Peters informed Leverington...

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