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STATE PERSONNEL BD. v. LLOYD

No. 85SC400.

752 P.2d 559 (1988)

STATE PERSONNEL BOARD of the State of Colorado and the Members Thereof, to-wit: Randall C. Mustain-Wood, Tucker K. Trautman, Lincoln L. Baca, Raymond C. Delisle, Jan Knoop and M. Eileen Perichetti, Secretary-Administrator, Thomas R. Moeller and Edward A. Turrou, Hearing Officers appointed by State Personnel Board of the State of Colorado Department of Institutions, a State Agency, Frank Traylor, its Director, Division of Mental Health, a State Agency, Robert Glover, Ph.D., its present Director, Fort Logan Mental Health Center, Joe Alexander, M.D., its Director, Petitioners, v. Judson F. LLOYD, M.D., Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 4, 1988.

Attorney(s) appearing for the Case

Wood, Ris & Hames, P.C., Joel N. Varnell, Denver, Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cynthia A. Love, Asst. Atty. Gen., Denver, for petitioners.

American Civil Liberties Union Foundation of Colorado, Inc., John M. Richilano, Denver, for respondent.

ERICKSON, Justice.

Following his discharge by the Fort Logan Mental Health Center, the respondent, Doctor Judson F. Lloyd, filed suit in Denver District Court alleging, among other grounds, retaliatory discharge under the whistleblower statute, section 24-50.5-103, 10 C.R.S. (1980 Supp.). The district court granted the petitioners' motion for summary judgment finding that, before initiating the action, the respondent had failed to comply with the 180-day notice of...

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