PEERY v. BRAKKE

Nos. 86-5145, 86-5162.

826 F.2d 740 (1987)

C. Ray PEERY, Appellant, v. Verne BRAKKE, as an Administrator of the South Dakota Department of Agriculture and individually, and the South Dakota Department of Agriculture, Appellees. C. Ray PEERY, Appellee, v. Verne BRAKKE, as an Administrator of the South Dakota Department of Agriculture and individually, Appellant, and the South Dakota Department of Agriculture.

United States Court of Appeals, Eighth Circuit.

Decided August 12, 1987.


Attorney(s) appearing for the Case

James E. Carlon, Pierre, S.D., for appellant.

Mark W. Barnett, Pierre, S.D., for appellees.

Before McMILLIAN and WOLLMAN, Circuit Judges, and WRIGHT, District Judge.


McMILLIAN, Circuit Judge.

C. Ray Peery appeals from a final judgment entered in the District Court for the District of South Dakota in favor of the South Dakota Department of Agriculture (the Department) and Verne Brakke. Peery brought this action under 42 U.S.C. § 1983 claiming that the Department, his employer, and Brakke, his immediate supervisor, denied him procedural due process in terminating his employment. The jury returned a verdict for Peery, but the...

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