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062029P.pdf   03/08/2007  Sue Peterson  v.  County of Dakota
   U.S. Court of Appeals Case No:  06-2029
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Loken, Author, with Lay and Melloy, Circuit Judges]
Civil case - civil rights. Plaintiff failed to show any county employee acted in bad faith or with malice when they took actions which led to her termination of employment; as a result, their actions were protected and could not serve as the basis for liability under a theory of intentional interference with contract; under Minnesota law, an employee's exclusive remedy for wrongful conduct by a union in this situation is a suit for breach of the union's duty of fair representation, and the court did not err in dismissing the claim that the union tortiously interfered with plaintiff's contract; while plaintiff had a protected property right in continued employment with the county, she was afforded due process in her termination; county's pre-termination and post-termination procedures, plus the extension of an offer to allow her to resign, adequately protected plaintiff's liberty interests; plaintiff was a public official for defamation purposes, and under the New York Times v. Sullivan test, she failed to show defendants acted with malice in making any of the statements she alleged were defamatory.