WARNOCK v. CITY OF CANTON

No. CIV. 11-4023-KES.

STEPHAN ALAN WARNOCK, Plaintiff, v. CITY OF CANTON, SOUTH DAKOTA, a municipality; AMY NELSON, individually and in her capacity as City Manager of Canton, South Dakota; LARRY NELSON, individually and in his capacity as City Attorney for the City of Canton, South Dakota; JOHNATHAN TOSO, individually and in his capacity as Mayor of the City of Canton, South Dakota; LIZ BOWLING, individually and in her capacity as Commissioner of the City of Canton, South Dakota; CHAD BROWN, individually and in his capacity as Commissioner of the City of Canton, South Dakota; PAUL KONIETZKO, individually and in his capacity as Commissioner of the City of Canton, South Dakota; TERRY GLENN, individually and in his capacity as Commissioner for the City of Canton, South Dakota; BRIAN ALDEN, individually and in his capacity as Commissioner for the City of Canton, South Dakota; CONNIE BOGUE, individually and in her capacity as Commissioner for the City of Canton, South Dakota; JEFF NOLTE, individually and in his capacity as Commissioner of the City of Canton, South Dakota; and MARK IVERSON, individually and in his capacity as Commissioner of the City of Canton, South Dakota, Defendants.

United States District Court, D. South Dakota.

June 7, 2012.


Attorney(s) appearing for the Case

Stephan Allan Warnock, Plaintiff, Pro Se.

City of Canton, South Dakota, a municipality, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Amy Nelson, individually and in her capacity as City Manager of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Larry Nelson, individually and in his capacity as City Attorney of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Johnathan Toso, individually and in his capacity as Mayor of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Liz Bowling, individually and in her capacity as Commissioner of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Chad Brown, individually and in his capacity as Commissioner of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Paul Konietzko, individually and in his capacity as Commissioner of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Terry Glenn, individually and in his capacity as Commissioner of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Brian Alden, individually and in his capacity as Commissioner of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Connie Bogue, individually and in her capacity as Commissioner of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Jeff Nolte, individually and in his capacity as Commissioner of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.

Mark Iverson, individually and in his capacity as Commissioner of the City of Canton, South Dakota, Defendant, represented by Jason R. Sutton , Boyce Greenfield Pashby & Welk & Lisa Hansen Marso , Boyce Greenfield Pashby & Welk, LLP.


ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

KAREN E. SCHREIER, District Chief Judge.

Defendants move for summary judgment and claim that all of plaintiff's claims fail as a matter of law and should be dismissed. Docket 17. Defendants argue that plaintiff cannot establish that he was denied due process because he does not have a property interest in his employment, he cannot maintain a cause of action under the Privacy Act against a municipality...

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