BARTH v. COCHISE COUNTY, ARIZONA

No. 2 CA-CV 2005-0067.

138 P.3d 1186 (2006)

Keith D. BARTH, a married man, Plaintiff/Appellant, v. COCHISE COUNTY, ARIZONA, a county in the state of Arizona; Lance K. Crosthwait and Jane Doe Crosthwait, husband and wife, in his capacity as Chief Deputy of the Cochise County Sheriff's Office and in his individual capacity; Mark Dannels and Jane Doe Dannels, husband and wife, in his capacity as a lieutenant with the Cochise County Sheriff's Office and in his individual capacity; Larry Dever and Jane Doe Dever, husband and wife, in his capacity as the Cochise County Sheriff and in his individual capacity; Rodney Rothrock and Jane Doe Rothrock, husband and wife, in his capacity as commander with the Cochise County Sheriff's Office and in his individual capacity, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

June 15, 2006.


Attorney(s) appearing for the Case

Borowiec & Borowiec, P.C. By Joel Borowiec, and Law Offices of Michael Johns By C. Michael Johns, Sierra Vista, Attorneys for Plaintiff/Appellant.

Edward J. Rheinheimer, Cochise County Attorney By Adam Ambrose, Bisbee, Attorneys for Defendants/Appellees.


ESPINOSA, Judge.

¶ 1 Appellant Keith Barth sued appellees Cochise County, the Cochise County Sheriff, and several employees of the sheriff, alleging constructive discharge, breach of contract, interference with contract, negligent supervision, violation of due process, and intentional infliction of emotional distress. The trial court granted the defendants' motion to dismiss the constructive discharge count, apparently treating the motion as one for summary judgment...

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