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MEYERS v. NEBRASKA HEALTH AND HUMAN SERVICES

No. 02-1828.

324 F.3d 655 (2003)

Vicky MEYERS, Plaintiff-Appellant, v. NEBRASKA HEALTH AND HUMAN SERVICES; Joyce Starke, Individually and in Her Official Capacity; Kathy Carter, Individually and in Her Official Capacity; and Darren Duncan, Individually and in His Official Capacity, Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 28, 2003.

Attorney(s) appearing for the Case

Joy Shiffermiller, argued, Lincoln, NE, for appellant.

Douglas D. Dexter, argued, Asst. Atty. Gen., Lincoln, NE, for appellee.

Before BYE, LAY, and RILEY, Circuit Judges.

BYE, Circuit Judge.

Vicky Meyers appeals from the entry of summary judgment in favor of defendants on her claims of retaliation and constructive discharge. We reverse in part and affirm in part, and remand for trial.

I

Vicky Meyers worked as a Protection and Safety Worker for the State of Nebraska Department of Health and Human Services (HHS) from May 29, 1998, until she resigned on May 9, 2000. For most of that time Meyers was an "ongoing" case...

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