MOGARD v. CITY OF MILBANK

No. 18-2730.

932 F.3d 1184 (2019)

David MOGARD, Plaintiff-Appellee v. CITY OF MILBANK, Boyd Van Vooren, in his individual capacity; Jason Kettwig, in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2019.


Attorney(s) appearing for the Case

Sara E. Schroeder , Thomas K. Wilka , HAGEN & WILKA, Sioux Falls, SD, for Plaintiff-Appellee.

Lisa Marso , Mitchell William O'Hara , BOYCE LAW FIRM, L.L.P., Sioux Falls, SD, for Defendants-Appellants.

Before GRUENDER, BENTON, and GRASZ, Circuit Judges.


David Mogard sued the City of Milbank, police chief Boyd Van Vooren, and city administrator Jason Kettwig, alleging termination without due process and in retaliation for his exercise of First Amendment free speech rights. He also asserted state-law wrongful termination. The district court denied the defendants' motion for...

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