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GARCIA v. CITY OF ALBUQUERQUE

No. 98-2338.

232 F.3d 760 (2000)

Silas GARCIA, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE; Lawrence Rael, Chief Administrative Officer; Anne Watkins, Director of Transit Department; City Employee Health Center, Defendants-Appellees, Karen Mulloy, Dr., Director of Employee Health Clinic; City Employee Assistance Program; Julia Bain, Primary Therapist and Program Director; City Personnel Board; James Foley, Chairman, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed November 13, 2000.

Attorney(s) appearing for the Case

Paul Livingston, Attorney at Law, Albuquerque, New Mexico for Appellant.

Charles W. Kolberg, Assistant City Attorney, Albuquerque, New Mexico for Appellees.

Before KELLY, HOLLOWAY and BRISCOE, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff/appellant Silas Garcia filed this action against his employer, the City of Albuquerque, and various city officials (the City). Garcia alleged, in part,1 that the City terminated him in violation of his: (1) right to procedural due process, (2) right to substantive due process, and (3) liberty interest. The case was referred to a magistrate to hear pre-trial motions...

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