POTTS v. DAVIS COUNTY

No. 07-4139.

551 F.3d 1188 (2009)

Duane E. POTTS, Plaintiff-Appellant, v. DAVIS COUNTY; Davis County Sheriff's Office; Kevin McLeod; Bud Cox, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 6, 2009.


Attorney(s) appearing for the Case

Roger H. Hoole (Gregory N. Hoole with him on the briefs) of Hoole & King, L.C., Salt Lake City, UT, for Plaintiff-Appellant.

Kristin A. VanOrman (Jeremy G. Knight with her on the brief) of Strong and Hanni, Salt Lake City, UT, for Defendants-Appellees.

Before McCONNELL, SEYMOUR, and GORSUCH, Circuit Judges.


SEYMOUR, Circuit Judge.

Duane Potts resigned from his position as Sergeant with the Davis County Sheriff's Department and filed a 42 U.S.C. § 1983 constructive discharge suit against Davis County, the Davis County Sheriff's Office, Lieutenant Kelly Sparks, Davis County Sheriff Bud Cox, and Chief Deputy Sheriff Kevin McLeod. He also alleged that defendants effectively terminated his employment in violation of his procedural and substantive due process rights....

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