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MELTON v. CITY OF OKLAHOMA CITY

Nos. 85-1738 to 85-1742 and 85-1811.

928 F.2d 920 (1991)

Raymon J. MELTON, Plaintiff-Appellee/Cross-Appellant, v. CITY OF OKLAHOMA CITY, a municipal corporation; Lloyd A. Gramling, Chief of Police for the City of Oklahoma City; Gerald L. Emmett, Assistant Chief of Police for the City of Oklahoma City; Marvin Maxwell, Major, Oklahoma City Police Department; William R. Chambless, Major, Oklahoma City Police Department; Carl Smith, Lieutenant, Oklahoma City Police Department; Robert Taylor, Lieutenant, Oklahoma City Police Department; David McBride, Lieutenant, Oklahoma City Police Department; and Paula Hearn, Assistant to the City Manager, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

March 19, 1991.

Attorney(s) appearing for the Case

Steven M. Angel, Oklahoma City, Okl., for plaintiff-appellee/cross-appellant.

Richard C. Smith (James G. Hamill, Diane Lewis, Gerald S. Rakes, and Jonathan D. Woods, with him on the briefs), Oklahoma City, Okl., for defendants-appellants/cross-appellees.

Diane Pedicord, Oklahoma City, Okl., on the brief, for amicus curiae Oklahoma Mun. League, Inc.

HOLLOWAY, Chief Judge, and McKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, and EBEL, Circuit Judges.

OPINION ON REHEARING EN BANC

JOHN P. MOORE, Circuit Judge.

Plaintiff Raymon J. Melton brought this action under 42 U.S.C. §§ 1983 and 1985. Among the causes he asserted was a claim that he was deprived of a liberty interest by the defendants without due process when he was discharged from his job as a police officer in Oklahoma City, Oklahoma. Following a plaintiff's verdict, the defendants appealed, and a portion of the judgment was reversed....

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