DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043653P.pdf 11/16/2005 Earle Myers, Jr. v. Richland County
U.S. Court of Appeals Case No: 04-3653
District of North Dakota
[PUBLISHED] [Gruender, Author, with Murphy and Hansen, Circuit Judges]
Civil case - contracts. District court had jurisdiction over claim
defendant breached a settlement agreement forbidding retaliation against
any county employee who testified for a plaintiff in a sexual harassment
action because the court expressly retained jurisdiction to enforce the
settlement and plaintiff's breach of contract claim was an ancillary
enforcement action; however, the court lacked supplemental jurisdiction
over plaintiff's defamation and intentional infliction of emotional distress
claims under 28 U.S.C. Sec. 1367(a); turning to the merits of the breach
of contract claim, the district court did not err in granting the defendant's
motion for summary judgment as plaintiff failed to produce sufficient
evidence from which a jury could conclude that the county's actions
resulted in him losing an election for his position.