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AMERICAN FEDERATION OF STATE, CO., & MUN. EMP. v. WOODWARD

No. 19261.

406 F.2d 137 (1969)

AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, LeRoy Gage, and John Engleman, Appellants, v. Milton WOODWARD, as City Commissioner of the City of North Platte, Nebraska, Appellee.

United States Court of Appeals Eighth Circuit.

January 17, 1969.

Attorney(s) appearing for the Case

Ronald Rosenberg, of Van Arkel & Kaiser, Washington, D. C., for appellants; Henry Kaiser and George B. Driesen and Robert E. O'Connor, of Ross & O'Connor, Omaha, Neb., were on the briefs and reply brief with Ronald Rosenberg, Washington, D. C.

Murl M. Maupin, Richard W. Satterfield, Gary L. Scritsmier, of Maupin, Dent, Kay, Satterfield & Gatz, North Platte, Neb., for appellee.

Before VAN OOSTERHOUT, Chief Judge, and MEHAFFY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

The principal question raised on this appeal is whether public employees, discharged because they joined a labor union, have a right of action for damages and injunctive relief under Section 1 of the Civil Rights Act of 1871, 42 U.S.C. § 1983,1 against the public official who discharged them.2 The answer to this question turns on whether public employees have a constitutionally protected...

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