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ENGLE v. TOWNSLEY

Nos. 94-2713, 94-2978.

49 F.3d 1321 (1995)

Roxie ENGLE, Appellee/Cross-Appellant, v. Eugene TOWNSLEY, in his individual and in his official capacity as employee and/or commissioner of the Batesville Wastewater Utility Commission; Larry Tharnish, in his individual and official capacity as employee and/or commissioner of the Batesville Wastewater Utility Commission; Stanley Wood, Jr., in his individual and official capacity as employee and/or commissioner of the Batesville Wastewater Utility Commission; Mike Shetron, in his official capacity as employee and/or commissioner of the Batesville Wastewater Utility Commission; Boris Dover, in his official capacity as employee and/or commissioner of the Batesville Wastewater Utility Commission; Jim Whitson, in his official capacity as employee and/or commissioner of the Batesville Wastewater Utility Commission; Sam Cooke, in his individual and in his official capacity as employee and/or commissioner of the Batesville Wastewater Utility Commission; City of Batesville, AR; Gerald Gaither, in his official capacity as employee and/or commissioner of the Batesville Wastewater Utility Commission, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 7, 1995.

Attorney(s) appearing for the Case

Mark R. Hayes, North Little Rock, AR, argued (Jerry C. Post and Eric C. Hance of Batesville, AR, on the brief), for appellant.

Richard W. Roachell, Little Rock, AR, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT, Senior Circuit Judge, and MURPHY, Circuit Judge.

DIANE E. MURPHY, Circuit Judge.

In this case Roxie Engle claims that her first amendment and due process rights were violated when she was terminated from employment as a lab technician for the Batesville Water Utility. She sued, under 42 U.S.C. § 1983, her former supervisors, Eugene Townsley and Larry Tharnish, the Batesville Wastewater Utility Commission, and the City of Batesville. Defendants moved for summary judgment, and the district court

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