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.
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.