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NESS v. GLASSCOCK

No. 88CA0088.

781 P.2d 137 (1989)

Marvin NESS, Plaintiff-Appellant, v. Bruce D. GLASSCOCK, individually and in his official capacity as Chief of Police for the City of Fort Collins, Colorado; the City of Fort Collins, Colorado, By and Through its agent, officer and employee, Kelly Ohlson, Mayor of the City of Fort Collins, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 29, 1989.

Certiorari Denied October 30, 1989.

Attorney(s) appearing for the Case

Worstell & Dunning, David L. Worstell, Richard J. Ruffatto, Denver, for plaintiff-appellant.

Anderson, Sommermeyer, Wick & Dow, Thomas R. French, Fort Collins, for defendants-appellees.

Opinion by Judge DUBOFSKY.

Marvin Ness (Ness) appeals from the summary judgment in favor of Bruce Glasscock and the City of Fort Collins (City) on Ness' breach of contract and 42 U.S.C. § 1983 (1982) claims based on events culminating in Ness' resignation from the Fort Collins Police Department. We reverse.

In December 1984, Ness, a police lieutenant, hid a tape recorder in the squad room to record conversations of fellow officers. The recorder was discovered...

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