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.
223552P.pdf 09/19/2023 Samantha LaCoe v. City of Sisseton
U.S. Court of Appeals Case No: 22-3552
U.S. District Court for the District of South Dakota - Northern
[PUBLISHED] [Loken, Author, with Colloton and Erickson, Circuit Judges]
Civil case - Civil rights. Plaintiff, a former Sisseton Police Officer,
alleged the City and numerous individual defendants violated her
Fourteenth Amendment procedural and substantive due process rights by
disciplining and constructively discharging her. The district court
granted defendants' motion to dismiss all federal claims and declined to
exercise supplemental jurisdiction over plaintiff's state law claim.
Plaintiff appeals the dismissal of her due process claims, arguing the
terms of her employment contract established a property interest in
continued employment and that she was not an at-will employee under South
Dakota law. Held: the Supreme Court of South Dakota would rule that the
contract did not change an at-will employment relationship as the City
expressly reserved its statutory at-will termination rights in Section 6
of the agreement; the complaint did not contain sufficient facts to
support plaintiff's claim for municipal liability.