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DAVIS v. UNIFIED SCHOOL DIST. 500

No. 13-3224.

750 F.3d 1168 (2014)

Charles DAVIS, Plaintiff-Appellant, v. UNIFIED SCHOOL DISTRICT 500; Stephen Vaughn, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 5, 2014.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Alan V. Johnson , Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., Topeka, KS, for Plaintiff-Appellant.

Deryl W. Wynn , Douglas M. Greenwald , McAnany, Van Cleave & Phillips, P.A., Kansas City, KS, for Defendants-Appellees.

Before BRISCOE, Chief Judge, PORFILIO and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Charles Davis has been employed as a custodian with Unified School District No. 500 ("USD 500") since 1991. In 2007, the school board considered a recommendation to terminate his employment when he was found lying naked on his stomach, sunbathing on the roof of the elementary school where he worked. Instead, the Board decided upon a suspension without pay for thirty days and demoted him from his position as head custodian. From 2008 to 2012...

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